This case was last updated from Kern County Superior Courts on 04/02/2020 at 11:09:12 (UTC).

EUREKA LIVESTOCK, LLC VS LPDB JOINT VENTURE

Case Summary

On 08/02/2017 EUREKA LIVESTOCK, LLC filed a Contract - Other Contract lawsuit against LPDB JOINT VENTURE. This case was filed in Kern County Superior Courts, Metropolitan Branch located in Kern, California. The Judges overseeing this case are Chapin, Sidney P., Schuett, Stephen D. and Lampe, David R.. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *********1785

  • Filing Date:

    08/02/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Court:

    Kern County Superior Courts

  • Courthouse:

    Metropolitan Branch

  • County, State:

    Kern, California

Judge Details

Judges

Chapin, Sidney P.

Schuett, Stephen D.

Lampe, David R.

 

Party Details

Plaintiffs and Cross Defendants

EUREKA LIVESTOCK, LLC

ETCHEVERRY, JAMES

EUREKA LIVESTOCK, A NEVADA LLC

Defendants and Cross Plaintiffs

LPDB JOINT VENTURE

DONATI LIVESTOCK, INC.

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

WEGIS, RALPH B

Defendant and Cross Plaintiff Attorneys

APPLETON, S LYNN

HANSEN, KEVIN D

 

Court Documents

Electronic Rejection Notice

Electronic Rejection Notice: Comment: To: Ralph B. Wegis Document: Answer of James Etcheverry to Cross-Complaint Fee of $435.00

Electronic Rejection Notice

Electronic Rejection Notice: Comment: To: Ralph Wegis Document: Answer to Cross-Complaint of LPDB Joint Venture. Name of cross-defendant doea not conform to the cross-complaint filed. If corss-defendant was erroneously sued, please note that within the document.

Motion to Compel

Motion to Compel Responses to Form Interrogatories & Req. for Sanctions 01/02/2018: Judicial Officer: Schuett, Stephen D.; Hearing Time: 8:30 AM; Result: Held; Comment: 10/26/17 Plaintiff, EUREKA LIVESTOCK, LLC Motion to Compel Responses to Form Interrogatories, Set No, One to LPDB Joint Venture and Donati Livestock, Inc. ResID: 27223; Parties Present Plaintiff; Attorney: WEGIS, RALPH B; Defendant; Attorney: APPLETON, S LYNN; Defendant; Attorney: APPLETON, S LYNN; Cross Defendant; Attorney: WEGIS, RALPH B; Cross Defendant; Attorney: WEGIS, RALPH B

Motion to Compel

Motion to Compel Attendance at Deposition 01/02/2018: Judicial Officer: Schuett, Stephen D.; Hearing Time: 8:30 AM; Result: Held; Comment: 10/18/17 Plaintiff, EUREKA LIVESTOCK, LLC Motion to Compel Attendence at Deposition of Christopher Donati DBA LPDB Joint Venture and Matthew Byrne DBA LPDB Joint Venture ResID: 27163; Parties Present Plaintiff; Attorney: WEGIS, RALPH B; Defendant; Attorney: APPLETON, S LYNN; Defendant; Attorney: APPLETON, S LYNN; Cross Defendant; Attorney: WEGIS, RALPH B; Cross Defendant; Attorney: WEGIS, RALPH B

Ruling

Ruling 10/24/2017: Hearing Time: 03:30 PM; Result: Ruling; Comment: RULING ON: MOTION TO TRANSFER//DEMURRER// HEARD 09/29/17; JW

Ex Parte Hearing - Pre-Disposition

Ex Parte Hearing - Pre-Disposition 10/23/2017: Judicial Officer: Schuett, Stephen D.; Hearing Time: 8:30 AM; Result: Held; Comment: 10/20/2017 Plaintiff Ex parte application for order shortening time to file and hear motion to strike and for protective order.; Parties Present Plaintiff; Attorney: WEGIS, RALPH B; Cross Defendant; Attorney: WEGIS, RALPH B; Cross Defendant; Attorney: WEGIS, RALPH B

Motion for Change of Venue

Motion for Change of Venue 09/29/2017: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:30 AM; Result: Held; Comment: 8/29/17 Plaintiff, EUREKA LIVESTOCK, LLC Motion to Transfer Action and Consolidate Actions ResID: 25633 ********************************************* TENTATIVE: DENY MOTION. ABATE ACTION. *************************************************; Parties Present Plaintiff; Attorney: WEGIS, RALPH B; Defendant; Attorney: APPLETON, S LYNN; Defendant; Attorney: APPLETON, S LYNN; Cross Defendant; Attorney: WEGIS, RALPH B; Cross Defendant; Attorney: WEGIS, RALPH B

Electronic Rejection Notice

Electronic Rejection Notice: Comment: SUMMONS DOES NOT CONFORM TO COMPLAINT

Order to Show Cause

Notice of Assignment and OSC re CRC 3110 and CMC (N18C): Comment: Re: 3.110 Hearing Date:11/16/2017 Hearing Time: 8:30 AM Hearing Department/Division:4

Electronic Rejection Notice

Electronic Rejection Notice: Comment: To: Ralph B. Wegis For: Request for Dismissal Reason: Date on item # 1(b)(3) is missing.

Electronic Rejection Notice

Electronic Rejection Notice: Comment: To: Ralph B. Wegis For: Reques to Dismissal Reason: No Cross-Complaint on file for Donati Livestock, Inc. Donati Livestock, Inc is not a named cross-complainant in the case.

Electronic Rejection Notice

Electronic Rejection Notice: Comment: To: Ralph B Wegis For: Request for Dismissal Reason: Dismissal has been filed for Complaint. If trying to dismiss Cross-Complaint, Request must state so.

Electronic Rejection Notice

Electronic Rejection Notice: Comment: RE- NOTICE OF SETTLEMENT - THIS IS NOT A CLASS ACTION CASE - PLEASE USE MANDATORY JUDICIAL COUNCIL FORM CM-200

Ruling

Minute Order 10/4/2018: Hearing Time: 08:30 AM; Result: Ruling

Ruling

Minute order Moving Final CMC: Hearing Time: 08:30 AM; Result: Ruling

Electronic Rejection Notice

Electronic Rejection Notice: Comment: RE: Appeals Documents - At this time Kern County is not accepting Appeals documents through the EFile system

Motion to Amend (Pre-Disposition)

Motion to Amend (Pre-Disposition) 09/20/2018: Judicial Officer: Schuett, Stephen D.; Hearing Time: 8:30 AM; Result: Held; Comment: 8/27/18 Plaintiff, EUREKA LIVESTOCK, LLC; Cross-Defendant, JAMES ETCHEVERRY Motion for Leave to File First Amended Complaint Adding Cause of Action for Fraud ResID: 32841

Case Management Conference

Case Management Conference 01/30/2018: Judicial Officer: Schuett, Stephen D.; Hearing Time: 8:15 AM; Result: Held

7 More Documents Available

 

Docket Entries

  • 01/31/2019
  • DocketOrder to Show Cause in re: Dismissal - Judicial Officer: Schuett, Stephen D.; Hearing Time: 8:30 AM; Cancel Reason: Dismissal Filed; Comment: why Cross-Complaint should not be dismissed without prejudice pursuant to CRC 3.1385 ** Complaint Dismissed 1/16/19 ** Cross-Complaint remains pending **

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  • 01/23/2019
  • DispositionDiposition: Judgment - Judicial Officer: Schuett, Stephen D.; Judgment Type: Dismissal-Entry of Request for Dismissal-Before Trial(CL/CV)

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  • 01/23/2019
  • DocketRequest for Dismissal (Entire) - Comment: With Prejudice as to Cross-Complaint of LPDB Joint Venture.

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  • 01/23/2019
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  • DocketElectronic Rejection Notice - Electronic Rejection Notice: Comment: To: Ralph B. Wegis For: Request for Dismissal Reason: Date on item # 1(b)(3) is missing.

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  • 01/18/2019
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  • DocketElectronic Rejection Notice - Electronic Rejection Notice: Comment: To: Ralph B. Wegis For: Reques to Dismissal Reason: No Cross-Complaint on file for Donati Livestock, Inc. Donati Livestock, Inc is not a named cross-complainant in the case.

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  • 01/17/2019
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  • DocketElectronic Rejection Notice - Electronic Rejection Notice: Comment: To: Ralph B Wegis For: Request for Dismissal Reason: Dismissal has been filed for Complaint. If trying to dismiss Cross-Complaint, Request must state so.

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  • 01/16/2019
  • DispositionDiposition: Judgment - Judicial Officer: Schuett, Stephen D.; Judgment Type: Dismissal-Entry of Request for Dismissal-Before Trial(CL/CV)

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  • 01/16/2019
  • DocketRequest for Dismissal (Partial) - Comment: With Prejudice - As to the Complaint - ONLY

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  • 10/29/2018
  • DocketJury Trial - Judicial Officer: Schuett, Stephen D.; Hearing Time: 9:00 AM; Cancel Reason: Notice of Settlement Filed; Comment: T/E 5 DAYS

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  • 10/26/2018
  • DocketFinal Case Management Conference - Judicial Officer: Schuett, Stephen D.; Hearing Time: 10:00 AM; Cancel Reason: Notice of Settlement Filed; Comment: TRJ 10/29/18

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91 More Docket Entries
  • 08/18/2017
  • DocketNotice of Related Case(s) - Comment: Notice of Related Cases

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  • 08/16/2017
  • DocketProof of Service - Comment: Proof of Service

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  • 08/15/2017
  • DocketProof of Service by Mail - Comment: Proof of Service by Mail

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  • 08/15/2017
  • DocketProof of Service - Comment: Proof of Service

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  • 08/04/2017
  • DocketSummons Issued and Filed - Comment: Summons

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  • 08/03/2017
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  • DocketElectronic Rejection Notice - Electronic Rejection Notice: Comment: SUMMONS DOES NOT CONFORM TO COMPLAINT

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  • 08/03/2017
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  • DocketOrder to Show Cause - Notice of Assignment and OSC re CRC 3110 and CMC (N18C): Comment: Re: 3.110 Hearing Date:11/16/2017 Hearing Time: 8:30 AM Hearing Department/Division:4

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  • 08/02/2017
  • DocketCivil and Small Claims Documents - Served: 08/14/2017; Served: 08/09/2017

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  • 08/02/2017
  • DocketCivil Case Cover Sheet (CM-010) - Comment: Civil Case Cover Sheet-Breach of Contract

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  • 08/02/2017
  • DocketComplaint

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Complaint Information

RALPH B. WEGIS, SBN 67966

LAW OFFICES OF RALPH B. WEGIS

11930 TRUXTUN AVENUE

BAKERSFIELD, CALIFORNIA 93301 | TELEPHONE: (661) 635-2100

FAX: (661) 635-2107 |

Att for PlaintifY, EURE LIVESTOCK, LLC

SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN

METROPOLITAN DIVISION - UNLIMITED CIVIL

EUREKA LIVESTOCK, LLC ) Case No.: BCV-17-101785 ) Plaintiff ) ANSWER OF EUREKA LIVESTOCK, LLC

’ ) TO LPDB JOINT VENTURES CROSS-

vs. ; COMPLAINT LPDB JOINT VENTURE; DONATI ; LIVESTOCK, INC; and DOES 1 through 25, ) inclusive, ) ) Defendants. ; ) ) ) ) )

Cross Defendant Eureka Livestock, LLC answers the Cross Complaint on file, and alleges as

follows:

G L DENIAL

The Cross Complaint in this matter being unverified, under the provisions of Section 431.30 of the California Code of Civil Procedure, Defendant denies each and every allegation of the Complaint, and further denies that Plaintiff suffered injury or damages in any sum alleged, to be alleged, or at all.

T AFFIRMATIVE SE

(Failure to State a Cause of Action)

The Cross Complaint fails to state facts sufficient to constitute a cause of action against Cross

Defendant.