This case was last updated from Fresno County Superior Courts on 08/14/2019 at 07:15:03 (UTC).

Jane Manning vs.Total Wine & More

Case Summary

On 02/06/2018 Jane Manning filed an Other lawsuit against Total Wine More. This case was filed in Fresno County Superior Courts, Bf Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Snauffer, Mark, Diaz, Monica, McGuire, Rosemary, Black, Donald and Simpson, Alan. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0464

  • Filing Date:

    02/06/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Fresno County Superior Courts

  • Courthouse:

    Bf Sisk Courthouse

  • County, State:

    Fresno, California

Judge Details

Judges

Snauffer, Mark

Diaz, Monica

McGuire, Rosemary

Black, Donald

Simpson, Alan

 

Party Details

Plaintiff

Manning, Jane

Defendants and Not Yet Classified

Total Wine & More, Villaggio Shopping Center

Total Wine & More, Villaggio Shopping Center LLC

Total Wine & More

Villagio Shopping Center, LLC

Villaggio Shopping Center LLC

California Fine Wine & Spirits, LLC

Cross Plaintiff

Moes 1 through 30, inclusive

Defendant, Cross Defendant and Not Yet Classified

Villagio Shopping Center, LLC

Attorney/Law Firm Details

Plaintiff Attorney

Little, Kevin G.

Defendant, Not Yet Classified and Cross Defendant Attorneys

Hagan, Christopher J

Blaisdell, Benjamin W.

Werner, Joseph A.

 

Court Documents

Notice Filed

Notice of Jury Deposit; Comment: Notice of Posting Jury Fees by Total Wine & More

Answer Filed

Answer/Response/Denial/Demurrer - First Appearance Fee; Comment: Total Wine & More's Answer to Complaint

Cross Complaint Filed

Villagio XC - FINAL.pdf; Comment: Cross-Complaint of Villagio Shopping Center, LLC

Summons issued and filed

Summons XC.pdf; Summons issued and filed; Comment: Summons on Cross-Complaint

Summons issued and filed

Summons XC.pdf; Summons issued and filed; Comment: Summons on Cross-Complaint

Case Management Statement Filed

CMC Stmt 06 04 18.pdf; Comment: Case Management Statement

Answer Filed

Answer.pdf

Proof of Service

Proof of Service; Comment: as to Total Wine & More

Proof of Service

Proof of Service; Comment: as to Villaggio Shopping Center LLC

Summons issued and filed

Summons; Summons issued and filed; Comment: to 2nd Cross Complaint

Cross Complaint Filed

Cross Action/Cross Complaint; Comment: 2nd Cross Complaint

Notice Filed

Notice Filed; Comment: of reassignment of Judge for all purposes

Notice of Change of Address Filed

NOT of Change of Address.docx.pdf

ADR Stipulation Mediation filed

Stipulation-Alternative Dispute Resolution; Comment: Parties to engage in mediation. Mediator:Russell D. Cook

Notice Filed

Fresno Jury Deposit Form.pdf; Comment: Deposit/Payment to Fresno Superior Court

Minute Order Attachment

Minute Order Attachment

Notice Filed

Notice of Jury Deposit-Plaintiff; Comment: Notice of Jury Deposit-Plaintiff

Case Management Statement Filed

Case Management Statement; Comment: Case Management Statement by Total Wine & More

35 More Documents Available

 

Docket Entries

  • 09/03/2019
  • Jury Trial- Judicial Officer: Simpson, Alan; Hearing Time: 9:00 AM; Comment: Requested by both parties with estimated time of 5-6 days.

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  • 08/30/2019
  • Trial Readiness- Judicial Officer: Simpson, Alan; Hearing Time: 9:30 AM

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  • 08/07/2019
  • Mandatory Settlement Conference- Hearing Time: 1:30 PM; Cancel Reason: Off Calendar

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  • 08/02/2019
  • View Court Documents
  • Letter Received- Notice; Comment: Ltr Received from Joseph A. Werner requesting Insurance Claims Adjuster be allowed to appear by Telephone at MSC on 8/7/19.

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  • 08/01/2019
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  • Minute Order Attachment (Tentative Rulings Only)- Minute Order Attachment (Tentative Rulings Only); Comment: and certificate of mailing

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  • 08/01/2019
  • Chambers Work- Pre- Judicial Officer: McGuire, Rosemary; Hearing Time: 5:30 PM; Result: Uncontested

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  • 07/31/2019
  • Taken under advisement

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  • 07/31/2019
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  • Minute Order Attachment- Minute Order Attachment; Comment: Clerk's Certificate of Mailing attached

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  • 07/31/2019
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  • Stipulation/Order to Use Certified Short Hand Reporter Filed- Stipulation/Order to Use Certified Short Hand Reporter Filed; Judicial Officer: McGuire, Rosemary; Comment: Florence Colby

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  • 07/31/2019
  • Summary Judgment- Judicial Officer: McGuire, Rosemary; Hearing Time: 3:27 PM; Result: Heard; Comment: Ben Blaisdell

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53 More Docket Entries
  • 05/08/2018
  • Financial info for Villaggio Shopping Center LLC: Transaction Assessment $435.00

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  • 05/08/2018
  • Financial: Villaggio Shopping Center LLC; Total Financial Assessment $1,085.00; Total Payments and Credits $1,085.00

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  • 05/24/2018
  • Financial info for California Fine Wine & Spirits, LLC: EFile Payment Receipt # WEB-2018-37533 Total Wine & More $585.00

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  • 05/24/2018
  • Financial info for California Fine Wine & Spirits, LLC: Transaction Assessment $585.00

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  • 05/24/2018
  • Financial: California Fine Wine & Spirits, LLC; Total Financial Assessment $585.00; Total Payments and Credits $585.00

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  • 06/04/2018
  • Financial info for Manning, Jane: EFile Payment Receipt # WEB-2018-40259 Manning, Jane $150.00

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  • 06/04/2018
  • Financial info for Manning, Jane: Transaction Assessment $150.00

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  • 02/09/2018
  • Financial info for Manning, Jane: EFile Payment Receipt # WEB-2018-09627 Manning, Jane $435.00

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  • 02/09/2018
  • Financial info for Manning, Jane: Transaction Assessment $435.00

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  • 02/09/2018
  • Financial: Manning, Jane; Total Financial Assessment $585.00; Total Payments and Credits $585.00

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Complaint Information

CHRISTOPHER J. HAGAN, ESQ., SBN 229269 Chris @brumfield-haganlaw.com

JOSEPH A. WERNER, ESQ., SBN 278459 _ _

Joe @brumfield-haganlaw.com _

BRUMFIELD & HAGAN, LLP 5/23/2018 2:13 PM

A Limited Liability Partnership FRESNO COUNTY SUPERIOR COURT 2031 F St. By: K. Daves, Deputy

Bakersfield, CA 93301 Telephone: (661) 2154980 Fax: (661) 215-4989

Attorney for Defendant, Total Wine & More

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

! M ING, No. 18CECG00464 Plaintiff Action Filed: 02/09/2018 ’ Trial Date: None Vs ANSWER TO COMPLAINT

TOTAL WINE & MORE, VILLAGIO SHOPPING CENTER, LLC and DOES 1 — 25, inclusive,

Defendants.

VILLAGIO SHOPPING CENTER, LLC Cross-Complainant,

MOES 1 through 30, inclusive,

Cross-Defendants.

COMES NOW, Defendant CALIFORNIA FINE WINE & SPIRITS, LLC, a California limited liability company, doing business as TOTAL WINE & MORE, incorrectly sued herein as TOTAL WINE & MORE, appearing for itself and no others, and admits, denies, and alleges as follows in answer to Plaintiff’s Complaint.

GENERAL DENIAL

Answering each and every allegation contained in the Complaint, this answering defendant denies each and every, all and singular, generally and specifically, the allegations therein contained, and further denies that plaintiff was damaged in the sums therein alleged or in any sum whatsoever or at all.

AFFIRMATIVE DEFENSES

FOR A FIRST, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges plaintiff’s Complaint, and each alleged cause of action therein, fails to state facts sufficient to constitute a cause of action against this answering defendant so as to bar recovery herein.

FOR A SECOND, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges that plaintiff was careless, reckless and negligent in and about the matters and things alleged in the Complaint, which caused or contributed to plaintiff’s damages, if any,reduce recovery herein.

FOR A THIRD, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges that plaintiff, with full knowledge of the matters and things alleged in the Complaint, and the risk incident thereto, did nevertheless knowingly and willingly expose himself to said risks, and thereby assumed the risk thereofreduce recovery herein.

FOR A FOURTH, SEPARATE AND DISTINCT DEFENSE, this answering defendant

alleges that plaintiff failed to mitigate damagesreduce recovery herein. Vv

FOR A FIFTH, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges ' that the Court may be called upon to apportion liability, if any, for the subject accident on a comparative fault basis and defendant may seek contribution and/or indemnity from such other persons as may have been contributive to the matters herein.

FOR A FIFTH, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges ' that the Court may be called upon to apportion liability, if any, for the subject accident on a comparative fault basis and defendant may seek contribution and/or indemnity from such other persons as may have been contributive to the matters herein. O 00 -1 & h A WM

O 00 -1 & h A WM

VI FOR A SIXTH, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges that the plaintiff’s alleged damages are frivolous, without merit, filed in bad faith with the intent to harass this answering defendant, and plaintiff is subject to an award of attorney’s fees pursuant to Code of Civil Procedure § 1038 and/or sanctions pursuant to Code of Civil Procedure § 128.5, et seq.

VIII

FOR AN EIGHTH, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges that its conduct was not a substantial factor in bringing about plaintiff’s alleged injuries and damages, if any, and therefore this answering defendant was not a contributing cause thereof, but was superseded by the conduct or negligence of others whose conduct and negligence were independent, intervening, superseding, and the sole and legal cause of the injury and damages alleged by plaintiff, and that therefore plaintiff is barred from any recovery from this answering defendant. IX FOR A NINTH, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges that, at the time of the accident alleged in the Complaint, the claimed dangerous condition was open and obvious, and plaintiff knew or in the exercise of reasonable care should have known of it and taken measures to avoid it. X FOR A TENTH, SEPARATE AND DISTINCT DEFENSE, this answering defendant alleges that, even if a dangerous condition did exist (which supposition is denied and is merely stated for purposes of this affirmative defense), the condition of property alleged by plaintiff was a trivial defect,

which created only a minor risk of injury and did not rise to the level of a dangerous condition, and