This case was last updated from Fresno County Superior Courts on 08/05/2019 at 17:20:06 (UTC).

Jeffrey Zabarsky vs. CA Dept of Tax and Fee Administration

Case Summary

On 04/20/2018 Jeffrey Zabarsky filed a Contract - Business lawsuit against CA Dept of Tax and Fee Administration. This case was filed in Fresno County Superior Courts, Bf Sisk Courthouse located in Fresno, California. The Judge overseeing this case is Gaab, Kimberly. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1381

  • Filing Date:

    04/20/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Business

  • Court:

    Fresno County Superior Courts

  • Courthouse:

    Bf Sisk Courthouse

  • County, State:

    Fresno, California

Judge Details

Judge

Gaab, Kimberly

 

Party Details

Plaintiffs

Zabarsky, Jeffrey

Trustee of the Zabarsky Revocable Living Trust

Defendants

CA Board of Equalization

D.B. Corp.

K's Food Mart & Gas

First American Title Company

Bhullar, Rajpal Singh

Stewart Title Guaranty Company

CA Dept of Tax and Fee Administration

Ajit, Inc.

Fifth Wheel Truck Stop and Paloo, LLC

Attorney/Law Firm Details

Defendant Attorneys

Toole, Patrick D.

Lau, Sophia S.

 

Court Documents

Case Management Statement Filed

Case Management Statement

Order Granted

Order Granted; Judicial Officer: Gaab, Kimberly; Comment: Stipulation to Continue Hearings on Demurrers

Order Received for Signature

Stipulation and Order; Comment: forwarded to dept 503 Joint Stipulation to Continue Hearings on Demurrers

Request for Judical Notice

Request for Judical Notice; Comment: in support of demurrer to plaintiff's complaint

Demurrer Filed

Demurrer; Comment: to Plaintiff Complaint

Answer Filed

Answer/Response/Denial/Demurrer - First Appearance Fee; Comment: Answer of First American Title Company to Complaint

Declaration Filed

Declaration; Comment: of Demurring Party Regarding Meet and Confer

Memorandum of Points and Authorities

Memorandum of Points & Authorities; Comment: in Support of Demurrer by Defendant CA Dept of Tax & Fee Administration to Complaint

Notice of Hearing

Notice of Hearing; Comment: on Demurrer and Demurrer by Defendant CA Dept of Tax & Fee Administration to Complaint

Judgment

Request for Dismissal filed; Judgment Type: Request for Dismissal filed; Party Names: Zabarsky, Jeffrey; CA Dept of Tax and Fee Administration; Stewart Title Guaranty Company; First American Title Company; Bhullar, Rajpal Singh; D.B. Corp.; Ajit, Inc.; Comment: With Prejudice

Notice of Entry of Dismissal filed

Notice of Entry of Dismissal and Proof of Service; Comment: Notice of Clerk's Entry of Dismissal with Prejudice

Stipulation and Order filed

Stipulation and Order filed; Judicial Officer: Gaab, Kimberly; Comment: to continue hearings of Demurrer

Order Received for Signature

Stipulation and Order; Comment: **Order signed and forwarded to the clerks office for further processing on 09.24.18** Forwarded to Dept: 503 Order for: Continue Hearings on Demurrers

Notice Filed

Notice of Entry of Order; Comment: Notice of Entry of Stipulation and Order

Stipulation and Order filed

Civil Document; Judicial Officer: Gaab, Kimberly; Comment: CDTFA will pay to SJZ the amount of $5000.00

Order Received for Signature

Stipulation and Order; Comment: **Order signed and forwarded to the clerks office for further processing on 08.30.18** Forwarded to Dept: 503 Stipulation & Proposed Order

Minute Order Attachment

Minute Order Attachment

Case Management Statement Filed

Case Management Statement

10 More Documents Available

 

Docket Entries

  • 10/09/2018
  • View Court Documents
  • Disposition: Judgment- Request for Dismissal filed; Judgment Type: Request for Dismissal filed; Party Names: Zabarsky, Jeffrey; CA Dept of Tax and Fee Administration; Stewart Title Guaranty Company; First American Title Company; Bhullar, Rajpal Singh; D.B. Corp.; Ajit, Inc.; Comment: With Prejudice

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  • 10/30/2018
  • Demurrer- Judicial Officer: Gaab, Kimberly; Hearing Time: 3:28 PM; Cancel Reason: Dismissed; Comment: Stewart Title; Sophia Lau

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  • 10/30/2018
  • Demurrer- Judicial Officer: Gaab, Kimberly; Hearing Time: 3:28 PM; Cancel Reason: Dismissed; Comment: Jill Bowers

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  • 10/15/2018
  • Case Management Conference- Hearing Time: 2:30 PM; Cancel Reason: Dismissed

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  • 10/09/2018
  • View Court Documents
  • Notice of Entry of Dismissal filed- Notice of Entry of Dismissal and Proof of Service; Comment: Notice of Clerk's Entry of Dismissal with Prejudice

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  • 09/24/2018
  • View Court Documents
  • Stipulation and Order filed- Stipulation and Order filed; Judicial Officer: Gaab, Kimberly; Comment: to continue hearings of Demurrer

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  • 09/24/2018
  • Chambers Work- Pre- Judicial Officer: Gaab, Kimberly; Hearing Time: 5:30 PM; Result: Chambers Work - Order Submitted for Consideration

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  • 09/20/2018
  • View Court Documents
  • Order Received for Signature- Stipulation and Order; Comment: **Order signed and forwarded to the clerks office for further processing on 09.24.18** Forwarded to Dept: 503 Order for: Continue Hearings on Demurrers

    Read MoreRead Less
  • 09/10/2018
  • View Court Documents
  • Notice Filed- Notice of Entry of Order; Comment: Notice of Entry of Stipulation and Order

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  • 08/29/2018
  • View Court Documents
  • Stipulation and Order filed- Civil Document; Judicial Officer: Gaab, Kimberly; Comment: CDTFA will pay to SJZ the amount of $5000.00

    Read MoreRead Less
22 More Docket Entries
  • 06/04/2018
  • Financial: First American Title Company; Total Financial Assessment $435.00; Total Payments and Credits $435.00

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  • 06/08/2018
  • Financial info for Stewart Title Guaranty Company: EFile Payment Receipt # WEB-2018-41928 Stewart Title Guaranty Company $435.00

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  • 06/08/2018
  • Financial info for Stewart Title Guaranty Company: Transaction Assessment $435.00

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  • 06/08/2018
  • Financial: Stewart Title Guaranty Company; Total Financial Assessment $435.00; Total Payments and Credits $435.00

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  • 08/27/2018
  • Financial info for CA Dept of Tax and Fee Administration: Government Exemption Claimed $20.00

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  • 08/27/2018
  • Financial info for CA Dept of Tax and Fee Administration: Transaction Assessment $20.00

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  • 08/27/2018
  • Financial: CA Dept of Tax and Fee Administration; Total Financial Assessment $20.00; Total Payments and Credits $20.00

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  • 04/20/2018
  • Financial info for Zabarsky, Jeffrey: Counter Payment Receipt # CIVIL-2018-00004854 Zabarsky, Jeffrey $435.00

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  • 04/20/2018
  • Financial info for Zabarsky, Jeffrey: Transaction Assessment $435.00

    Read MoreRead Less
  • 04/20/2018
  • Financial: Zabarsky, Jeffrey; Total Financial Assessment $435.00; Total Payments and Credits $435.00

    Read MoreRead Less

Complaint Information

WANGER JONES HELSLEY PC

265 E. River Park Circle, Suite 310 E-FILED

Fresno, California 93720 6/1/2018 3:41 PM

Telephone: (559) 233-4800 FRESNO COUNTY SUPERIOR COURT Facsimile: (559) 233-9330 By: M. Faulkner, Deputy

Patrick D. Toole #190118

ptoole@wihattorneys.com Steven K. Vote #309152

svote(@wijhattorneys.com

Attorneys for: Defendant First American Title Company

SUPERIOR COURT OF CALIFORNIA

COUNTY OF FRESNO, CENTRAL DIVISION

| JEFFREY ZABARSKY, Trustee of the Zabarsky Case No. 18CECG01381 Revocable Living Trust,

ANSWER OF FIRST AMERICAN TITLE

Plaintiff, COMPANY TO COMPLAINT

CA DEPT OF TAX AND FEE

ADMINISTRATION fdba CA BOARD OF EQUALIZATION; STEWART TITLE GUARANTY COMPANY; FIRST AMERICAN TITLE COMPANY; RAJPAL SINGH BHULLAR, individually and dba K’s FOOD MART & GAS, D.B. CORP; AJIT, INC. dba FIFTH WHEEL TRUCK STOP; and PALOO, LLC, and DOES 1-25, inclusive,

Defendants.

{6153/103/00844388.DOCX} 1

{6153/103/00844388.DOCX} 1 Defendant First American Title Company, a California corporation (“First American”) answers the Complaint of Plaintiff Jeffrey Zabarsky, as Trustee of the Zabarsky Revocable Living Trust (“Plaintiff) as follows:

Defendant First American Title Company, a California corporation (“First American”) answers the Complaint of Plaintiff Jeffrey Zabarsky, as Trustee of the Zabarsky Revocable Living Trust (“Plaintiff) as follows:

GENERAL DENIAL

Pursuant to the provisions of California Code of Civil Procedure section 431.30,

subdivision (d), this answering Defendant generally denies each and every allegation contained in the

Complaint and the purported causes of action contained therein, and specifically denies that Plaintiff

e o ~1 &y n B

has been damaged, in any amount, or at all.

Plaintiff’s Complaint fails to set forth facts sufficient to state a cause of action or causes

action.

Plaintiff’s Complaint fails to state a claim upon which relief can be granted.

As to each of the claims alleged in Plaintiff’s Complaint, Plaintiff 1s estopped from

asserting such causes of action against First American and thus Plaintiff is barred from any recovery

thereon.

As to each of the claims alleged in Plaintiff’s Complaint, Plaintiff has acted with unclean

AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE

(Failure to Set Forth Sufficient Facts)

SECOND AFFIRMATIVE DEFENSE

(Failure to State a Claim)

THIRD AFFIRMATIVE DEFENSE

(Estoppel)

FOURTH AFFIRMATIVE DEFENSE

(Unclean Hands)

hands and is therefore barred from any recovery thereon.

{6153/103/00844388.DOCX}

{6153/103/00844388.DOCX} o e 3 N

o e 3 N

FIFTH AFFIRMATIVE DEFENSE

(Waiver)

As to each of the claims alleged in Plaintiff®s Complaint, Plaintiff has waived any and

all rights underlying each and all of these and therefore is barred from any recovery thereon.

SIXTH AFFIRMATIVE DEFENSE

(Laches)

As to each of the claims alleged in Plaintiff’s Complaint, Plaintiff has unreasonably delayed in bringing the claims to the detriment of First American, and therefore the doctrine of laches bars each and every claim alleged by Plaintiff.

SEVENTH AFFIRMATIVE DEFENSE

(Mitigation of Damages)

First American is informed and believes, and based thereon alleges, that Plaintiff failed

to mitigate damages which it contends it sustained, and it is therefore barred from any recovery.

EIGHTH AFFIRMATIVE DEFENSE

(Good Faith)

At all relevant times, First American acted in good faith with respect to all of its dealings

with Plaintiff, including those allegations pled in Plaintiff’s Complaint.

NINTH AFFIRMATIVE DEFENSE

(Consent)

First American is informed and believes, and based thereon alleges, that Plaintiff, by reason of the knowledge, statements, and conduct of its agents, has consented to and ratified the acts of First American, thereby barring Plaintiff from any relief by way of its Complaint.

TENTH AFFIRMATIVE DEFENSE

(Superseding Cause)

First American is informed and believes, and based thereon alleges, that Plaintiff is barred from any recovery against First American by reason of Plaintiff’s own actions and conduct, which constituted an intervening and superseding cause of the damages, if any, which resulted to Plaintiff.

{6153/103/00844388.DOCX} 3

ELEVENTH AFFIRMATIVE DEFENSE

(No Causation)

First American alleges that Plaintiff’s claims against First American, to the extent any exist and the existence of which First American disputes, fail in that First American’s acts or omissions did not cause Plaintiff’s alleged damages.

TWELFTH AFFIRMATIVE DEFENSE

(No Justifiable Reliance)

First American alleges that each of Plaintiff’s claims against First American, to the extent any exist and the existence of which First American disputes, are barred to the extent Plaintiff relied on its judgment or the advice of persons and/or entities other than First American.

THIRTEENTH AFFIRMATIVE DEFENSE

(Conduct/Omissions by Plaintiff)

As to each of the claims alleged in Plaintiff’s Complaint, Plaintiff’s acts, conduct and/or

omissions were the proximate cause of Plaintiff’s alleges damages.

FOURTEENTH AFFIRMATIVE DEFENSE

(Conduct/Omissions of Others)

If Plaintiff sustained any injury, damage, or loss, which First American expressly denies, any such injury, damage, or loss has been brought about and caused wholly and solely by reason of the acts, breaches negligence, and conduct of Plaintiff; the California Department of Tax and Fee Administration fdba California Board of Equalization; Stewart Title Guaranty Company; Rajpal Singh Bhullar, individually and dba K’s Food Mart & Gas; D.B. Corp.; Ajit, Inc. dba Fifth Wheel Truck Stop; Paloo, LL.C; and/or others, and without any breach, negligence, or other unlawful conduct of First American, and as a result and consequence thereof, Plaintiff is barred from relief or recovery herein against First American.

FIFTEENTH AFFIRMATIVE DEFENSE

(No Damage)

As to each of the claims alleged in Plaintiff’s Complaint, First American alleges that

Plaintiff has not been damaged in any manner or sum or amount whatsoever as a result of any of the

matters complained of in Plaintiff’s Complaint.

{6153/103/00844388.DOCX} 4

SIXTEENTH AFFIRMATIVE DEFENSE

(No Basis for Declaratory Relief)

To the extent Plaintiff seeks money damages, such relief obviates the need for and renders illusory and ineffectual the remedy of declaratory relief, which is redundant and adds nothing to the defined relief sought.

SEVENTEENTH AFFIRMATIVE DEFENSE

(No Breach)

First American performed all duties owed by it under the contract(s) and/or instructions alleged in Plaintiff’s Complaint, except for such duties as were prevented or excused, and therefore did not breach any agreement, including any escrow instructions.

EIGHTEENTH AFFIRMATIVE DEFENSE

(No Breach/Conditional Performance)

Any performance that First American was to render under any agreement, including the escrow instructions, was conditional, and no duty to perform has arisen because the requisite events have not occurred.

NINETEENTH AFFIRMATIVE DEFENSE

(Additional Affirmative Defenses)

First American reserves the right to assert additional affirmative defenses, as acts become known which justify the application of these affirmative defenses in this action. I/

1/ I/