This case was last updated from Fresno County Superior Courts on 03/03/2018 at 05:21:54 (UTC).

XXXXX

Case Summary

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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0247

  • Filing Date:

    01/17/2013

  • 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

Smith, Bruce

Black, Donald

Snauffer, Mark

 

Party Details

Plaintiff

J Fletcher Creamer & Son, Inc

Defendant and Cross Defendant

CVIN, LLC

Cross Plaintiffs

ITC Service Group, Inc., A Nevada Corporation

J. Fletcher Creamer & Son Inc

Liberty Mutual Insurance Company

Attorney/Law Firm Details

Plaintiff and Cross Plaintiff Attorneys

Kamine, Bernard S

Kamine Phelps Pc 523 West 6Th Street Suite 546

Los Angeles, CA 90014-1250

Harris, Charles L

Jennings, Marc J

Defendant and Cross Defendant Attorney

McGee, Steven D.

 

Court Documents

Notice Filed

Affidavit; Comment: Appendix Of Evidence In Support Of Cvin, Llc's Opposition To J. Fletcher Creamer & Son, Inc.'s Motion For Summary Adjudication

Notice Filed

Notice of Entry of Order; Comment: Notice of Entry of Discovery Order No. 1

Notice Filed

Notice Filed; Comment: of Unavailability of Counsel

Notice Filed

Notice; Comment: Notice of Trial

Case Management Statement Filed

Case Management Statement Filed; Comment: case Management and Trial Setting Conference Statement

Declaration Filed

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

Order filed; Judicial Officer: Black, Donald; Comment: appointing discovery referee

Supplement to

Supplement to; Comment: Declaration in Response to OSC RE Sanctions and Appointment of Discovery Referee

Declaration Filed

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

Minute Order Attachment

Statement filed

Statement filed; Comment: Separate Statement of Undisputed Material Facts

Statement filed

Civil Document; Comment: Trial Setting Conference statement- Forwarded to dept 502

Letter of Documents Returned Without Filing

Letter of Documents Returned Without Filing; Comment: A filing fee was not required for the Opposition to Motion submitted.

Association of Attorney filed

Civil Document; Comment: Lewis Brisbois Bisgaard & Smith is Associating as counsel for Cross Defendant J Fletcher Creamer & Son Inc

Notice of Motion

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

Proof of Service

Minute Order Attachment

Minute Order Attachment

Notice Filed

Notice Filed; Comment: ruling on order to show cause

84 More Documents Available

 

Docket Entries

  • 07/10/2017
  • View Court Documents
  • 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

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  • 01/08/2018
  • Jury Trial- Judicial Officer: Snauffer, Mark; Hearing Time: 9:00 AM; Cancel Reason: Dismissed; Comment: Set from Trial Setting Conference 5/26/16

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  • 01/05/2018
  • Trial Readiness- Judicial Officer: Snauffer, Mark; Hearing Time: 9:30 AM; Cancel Reason: Dismissed; Comment: Set from Trial Setting Conference 5/26/16

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  • 12/20/2017
  • Mandatory Settlement Conference- Hearing Time: 10:00 AM; Cancel Reason: Dismissed; Comment: Set from Trial Setting Conference 5/26/16

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  • 07/10/2017
  • View Court Documents
  • Request for Dismissal Received - Pending Review- Request for Dismissal; Comment: Request for Dismissal (entire action of all parties and all causes of action)

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  • 01/17/2017
  • View Court Documents
  • Substitution of Attorney Filed- Substitution of Attorney; Comment: Old Attorney: Bernard S Kamine New Attorney: Charles L Harris Bar# 146546

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  • 01/05/2017
  • View Court Documents
  • Substitution of Attorney Filed- Substitution of Attorney; Comment: Old Attorney: Bernard Kamine New Attorney: Charles L Harris Bar#146546

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  • 07/12/2016
  • View Court Documents
  • Minute Order Attachment (Tentative Rulings Only)- Civil Document

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  • 07/12/2016
  • Summary Judgment- Judicial Officer: Black, Donald; Hearing Time: 3:27 PM; Result: Heard; Comment: Bernard Kamine

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  • 07/12/2016
  • Summary Judgment- Judicial Officer: Black, Donald; Hearing Time: 3:27 PM; Cancel Reason: Off Calendar; Comment: Matt Dildine

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234 More Docket Entries
  • 05/31/2013
  • Financial info for CVIN, LLC: Counter Payment Receipt # 178391 CVIN, LLC $435.00

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  • 05/31/2013
  • Financial info for CVIN, LLC: Transaction Assessment $435.00

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  • 05/31/2013
  • Financial: CVIN, LLC; Total Financial Assessment $765.00; Total Payments and Credits $765.00

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  • 05/16/2016
  • Financial info for J Fletcher Creamer & Son, Inc: Mail Payment Receipt # CIVIL-2016-00017724 Kamine, Bernard S $500.00

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  • 05/16/2016
  • Financial info for J Fletcher Creamer & Son, Inc: Transaction Assessment $500.00

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  • 01/17/2014
  • Financial info for J Fletcher Creamer & Son, Inc: Counter Payment Receipt # 186123 J Fletcher Creamer & Son, Inc $20.00

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  • 01/17/2014
  • Financial info for J Fletcher Creamer & Son, Inc: Transaction Assessment $20.00

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  • 01/23/2013
  • Financial info for J Fletcher Creamer & Son, Inc: Counter Payment Receipt # 173854 J Fletcher Creamer & Son, Inc $435.00

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  • 01/23/2013
  • Financial info for J Fletcher Creamer & Son, Inc: Transaction Assessment $435.00

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  • 01/23/2013
  • Financial: J Fletcher Creamer & Son, Inc; Total Financial Assessment $955.00; Total Payments and Credits $955.00

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Complaint Information

D ® EILED

KAMINE LAW PC

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.

SS———

— = SUPERIOR COURT OF THE STATE OF CALIFORNIA .

FOR THE COUNTY OF FRESNO S I =

UNLIMITED JURISDICTION SIS

J. FLETCHER CREAMER & SON, INC. No. 13 CE CG 00247 DSB Hon. Donald Black, Dept. 502 Plaintiff, |

DECLARATION IN OPPOSITION TO

V. MOTION TO AMEND CROSS-

| COMPLAINT

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

AND RELATED CROSS-ACTION

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

D ® PROOF OF SERVICE BY FACSIMILE TRANSMISSION

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:

DECLARATION IN OPPOSITION TO MOTION TO AMEND CROSS-COMPLAINT

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

DOWLING AARON INCORPORATED

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.