On 01/17/2013 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 Smith, Bruce, Black, Donald and Snauffer, Mark. The case status is Disposed - Dismissed.
*******0247
01/17/2013
Disposed - Dismissed
Bf Sisk Courthouse
Fresno, California
Smith, Bruce
Black, Donald
Snauffer, Mark
J Fletcher Creamer & Son, Inc
CVIN, LLC
ITC Service Group, Inc., A Nevada Corporation
J. Fletcher Creamer & Son Inc
Liberty Mutual Insurance Company
Kamine, Bernard S
Kamine Phelps Pc 523 West 6Th Street Suite 546
Los Angeles, CA 90014-1250
Harris, Charles L
Jennings, Marc J
McGee, Steven D.
Affidavit; Comment: Appendix Of Evidence In Support Of Cvin, Llc's Opposition To J. Fletcher Creamer & Son, Inc.'s Motion For Summary Adjudication
Notice of Entry of Order; Comment: Notice of Entry of Discovery Order No. 1
Notice Filed; Comment: of Unavailability of Counsel
Notice; Comment: Notice of Trial
Case Management Statement Filed; Comment: case Management and Trial Setting Conference Statement
Declaration Filed; Comment: of Matthew R. Dildinein support CVIN's ex parte application to modify court's order appointing discovery referee Nunc Pro Tunc
Order filed; Judicial Officer: Black, Donald; Comment: appointing discovery referee
Supplement to; Comment: Declaration in Response to OSC RE Sanctions and Appointment of Discovery Referee
Declaration Filed; Comment: of Matthew R. Didine in support of CVIN's ex parte application to advance hearing on CVIN's motion for leave to amend and continuance of trial date
Minute Order Attachment
Statement filed; Comment: Separate Statement of Undisputed Material Facts
Civil Document; Comment: Trial Setting Conference statement- Forwarded to dept 502
Letter of Documents Returned Without Filing; Comment: A filing fee was not required for the Opposition to Motion submitted.
Civil Document; Comment: Lewis Brisbois Bisgaard & Smith is Associating as counsel for Cross Defendant J Fletcher Creamer & Son Inc
Notice of Motion; Comment: and Motion to: Transfer Action and For Sanctions; Memorandum in Support; and Declarations of Kenneth O. Taylor III; James O. Moses; Chris Sauer
Proof of Service
Minute Order Attachment
Notice Filed; Comment: ruling on order to show cause
Disposition: Judgment- Request for Dismissal filed; Judgment Type: Request for Dismissal filed; Party Names: J Fletcher Creamer & Son, Inc; CVIN, LLC; CVIN, LLC; J. Fletcher Creamer & Son Inc; Liberty Mutual Insurance Company; ITC Service Group, Inc., A Nevada Corporation; Comment: With Prejudice
Jury Trial- Judicial Officer: Snauffer, Mark; Hearing Time: 9:00 AM; Cancel Reason: Dismissed; Comment: Set from Trial Setting Conference 5/26/16
Trial Readiness- Judicial Officer: Snauffer, Mark; Hearing Time: 9:30 AM; Cancel Reason: Dismissed; Comment: Set from Trial Setting Conference 5/26/16
Mandatory Settlement Conference- Hearing Time: 10:00 AM; Cancel Reason: Dismissed; Comment: Set from Trial Setting Conference 5/26/16
Request for Dismissal Received - Pending Review- Request for Dismissal; Comment: Request for Dismissal (entire action of all parties and all causes of action)
Substitution of Attorney Filed- Substitution of Attorney; Comment: Old Attorney: Bernard S Kamine New Attorney: Charles L Harris Bar# 146546
Substitution of Attorney Filed- Substitution of Attorney; Comment: Old Attorney: Bernard Kamine New Attorney: Charles L Harris Bar#146546
Minute Order Attachment (Tentative Rulings Only)- Civil Document
Summary Judgment- Judicial Officer: Black, Donald; Hearing Time: 3:27 PM; Result: Heard; Comment: Bernard Kamine
Summary Judgment- Judicial Officer: Black, Donald; Hearing Time: 3:27 PM; Cancel Reason: Off Calendar; Comment: Matt Dildine
Financial info for CVIN, LLC: Counter Payment Receipt # 178391 CVIN, LLC $435.00
Financial info for CVIN, LLC: Transaction Assessment $435.00
Financial: CVIN, LLC; Total Financial Assessment $765.00; Total Payments and Credits $765.00
Financial info for J Fletcher Creamer & Son, Inc: Mail Payment Receipt # CIVIL-2016-00017724 Kamine, Bernard S $500.00
Financial info for J Fletcher Creamer & Son, Inc: Transaction Assessment $500.00
Financial info for J Fletcher Creamer & Son, Inc: Counter Payment Receipt # 186123 J Fletcher Creamer & Son, Inc $20.00
Financial info for J Fletcher Creamer & Son, Inc: Transaction Assessment $20.00
Financial info for J Fletcher Creamer & Son, Inc: Counter Payment Receipt # 173854 J Fletcher Creamer & Son, Inc $435.00
Financial info for J Fletcher Creamer & Son, Inc: Transaction Assessment $435.00
Financial: J Fletcher Creamer & Son, Inc; Total Financial Assessment $955.00; Total Payments and Credits $955.00
Dot Ko 8043 - ek i?s Xf;éfitslf (Sjiee;b(s)lllg-el g-‘gg FRESNO SUPERIOR COURT (213) 972-0119; Fax (213) 972-0005 DEFUTY |
Attorneys for J. Fletcher Creamer & Son, Inc.
and Liberty Mutual Insurance Co.
— = SUPERIOR COURT OF THE STATE OF CALIFORNIA .
J. FLETCHER CREAMER & SON, INC. No. 13 CE CG 00247 DSB Hon. Donald Black, Dept. 502 Plaintiff, |
V. MOTION TO AMEND CROSS-
CVIN, LLC and DOES 1-300, 1 Hearing Date: ~ December 31, 2015 Defendants. | Time: 3:30 p.m. D|ept.: 502
C]omplaint Filed: January 23,2013
The undersigned declares: 1. I am counsel for plaintiff/cross-defendant J. Fletcher Creamer & Son, Inc.
(JFC) in the instant case. As such I have personal knowledge of the following facts and, if called |
as a witness, I could and would competently testify thereto under oath. 2. Defendant/cross-complainant CVIN, LLC (CVIN) contracted with JFC to
place ONLY the conduit and access boxessegments of the project (CVIN's own
forces placed fiber optic cable into the conduit, and connected whatever other equipment was required to get the system up and running). CVIN contracted with ITC to provide inspection | services for many more of the segments of the project than the 6 JFC segments, and, because of |
ITC's termination, it did not provide inspection services on the JFC segments at all times that JFC
was trying to perform its work. Declaration in Opposition to Motion to Amend Cross-complaint
was trying to perform its work. Declaration in Opposition to Motion to Amend Cross-complaint= O 0N N N BREWN e
= O 0N N N BREWN e
I am employed in the County of Los Angeles, State of California. I am overparty to the within action. The phone number of the facsimile machine from which this document is being transmitted is (213) 972-0005. Pursuant to the parties’ agreement,
confirmed in writing, to accept service by facsimile transmission, on December 23, 2015. I served
the above document described as:
on the appropriate parties m this action by transmitting to a facsimile machine maintained by the person on whom it is served at the facsimile machine telephone number last given by that person on a document filed and served in the cause or in the last correspondence received by this office from that person as follows:
Steven D. McGee
Matthew R. Dildine
8080 North Palm, Third Floor, Fresno, CA 93711
Fax: (559) 432- 4590
Attorneys for CVIN, LLC
The transmission was reported as complete and without error and a copy of the transmission report is attached hereto as proof that the transmission report was properly issued by the transmitting facsimile machine.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed on December,23, 2015 at Los A geles, California.