This case was last updated from Fresno County Superior Courts on 06/18/2022 at 04:37:07 (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, Fresno County BF Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Snauffer, Mark, Black, Donald, Simpson, Alan, McGuire, Rosemary, Tharpe, D Tyler and Diaz, Monica. The case status is Disposed - Dismissed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0464

  • Filing Date:

    02/06/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Other

  • County, State:

    Fresno, California

Judge Details

Judges

Snauffer, Mark

Black, Donald

Simpson, Alan

McGuire, Rosemary

Tharpe, D Tyler

Diaz, Monica

 

Party Details

Plaintiffs and Defendants

Manning, Jane

Total Wine & More

California Fine Wine & Spirits, LLC

Villagio Shopping Center, LLC

Villaggio Shopping Center LLC

Cross Plaintiff

Moes 1 through 30, inclusive

Cross Defendant and Defendant

Villagio Shopping Center, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Little, Kevin G.

Werner, Joseph A.

Defendant and Cross Defendant Attorneys

Hagan, Christopher J

Blaisdell, Benjamin W.

 

Court Documents

Declaration Filed

Declaration Filed; Comment: of Kevin G Little ISO Opposition to Summary Judgment (CD Attached)

Reply filed

Villagio's Reply to Plaintiff's Objections.pdf; Comment: Reply to Pltfs Objections to Decl of S. Wilson

Memorandum of Points and Authorities

Memorandum of Points & Authorities; Comment: In Support of Summary Judgment Opposition

Declaration Filed

Declaration; Comment: of Kevin G. Little In Support of Summary Judgment Opposition

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

Statement filed

Statement; Comment: Evidence in Support of in support of Villagio Shopping Center LLC's Motion for Summary Judgment

Memorandum of Points and Authorities

Memorandum of Points & Authorities; Comment: in support of Villagio Shopping Center LLC's Motion for Summary Judgment

Statement filed

Separate Statement; Comment: of Disputed Facts In Support of Summary Judgment Opposition

Declaration Filed

Declaration; Comment: of Benjamin W. Blaisdell in support of Villagio Shopping Center LLC's Motion for Summary Judgment

Minute Order Attachment

02/26/2020: Minute Order Attachment

Request for Dismissal

12/19/2019: Request for Dismissal

Minute Order Attachment

12/18/2019: Minute Order Attachment

Dismissal Not Entered

12/17/2019: Dismissal Not Entered

Request for Dismissal

12/17/2019: Request for Dismissal

NOT of Entry of Dismissal Villagio.pdf

12/06/2019: NOT of Entry of Dismissal Villagio.pdf

Request for Partial Dismissal

11/12/2019: Request for Partial Dismissal

Request for Partial Dismissal

10/11/2019: Request for Partial Dismissal

Notice of Hearing

09/03/2019: Notice of Hearing

95 More Documents Available

 

Docket Entries

  • 02/26/2020
  • DispositionDisposition: Judgment; Judicial Officer: Tharpe, D Tyler; Judgment Type: CRC 225 Dismissal Order; Party; Names: Manning, Jane; California Fine Wine & Spirits, LLC; Villaggio Shopping Center LLC; Villagio Shopping Center, LLC; Moes 1 through 30, inclusive; California Fine Wine & Spirits, LLC; Villagio Shopping Center, LLC; Comment: without prejudice

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  • 02/26/2020
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  • DocketMinute Order Attachment

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  • 02/26/2020
  • DocketCRC 3.1385 After Settlement; Judicial Officer: Tharpe, D Tyler; Hearing Time: 3:31 PM; Result: Heard

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  • 12/19/2019
  • DispositionDisposition: Judgment; Judgment Type: Dismissal - Other filed; Party; Names: California Fine Wine & Spirits, LLC; Villagio Shopping Center, LLC; Comment: with prejudice.; Comment; Comment: (as to 2nd Cross-Complaint.)

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  • 12/19/2019
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  • DocketRequest for Dismissal Received - Pending Review; Comment: Request for Dismissal

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  • 12/18/2019
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  • DocketMinute Order Attachment

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  • 12/18/2019
  • DocketCRC 3.1385 After Settlement; Judicial Officer: Tharpe, D Tyler; Hearing Time: 3:30 PM; Result: Heard

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  • 12/17/2019
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  • DocketDismissal Not Entered; Comment: Request for dismissal filed. Dismissal not entered as requested for the following reason: Action can not be dismissed by a parties DBA

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  • 12/17/2019
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  • DocketRequest for Dismissal Received - Pending Review; Comment: Request for Dismissal

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  • 12/06/2019
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  • DocketNotice of Entry of Dismissal filed

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71 More Docket Entries
  • 04/19/2018
  • DocketSummons and Complaint; Served: 04/09/2018

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  • 04/19/2018
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  • DocketProof of Service; Comment: as to Total Wine & More

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  • 04/19/2018
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  • DocketProof of Service; Comment: as to Villaggio Shopping Center LLC

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  • 02/15/2018
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  • DocketNotice of Hearing; Comment: OF CASE MANAGEMENT CONFERENCE AND ASSIGNMENT OF JUDGE FOR ALL PURPOSES

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

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

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

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  • 02/09/2018
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  • DocketSummons issued and filed

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  • 02/06/2018
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  • DocketCivil Complaint filed

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  • 02/06/2018
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  • DocketCivil case cover sheet

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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

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