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.
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08/02/2017
Disposed - Dismissed
Kern County Superior Courts
Metropolitan Branch
Kern, California
Chapin, Sidney P.
Schuett, Stephen D.
Lampe, David R.
EUREKA LIVESTOCK, LLC
ETCHEVERRY, JAMES
EUREKA LIVESTOCK, A NEVADA LLC
LPDB JOINT VENTURE
DONATI LIVESTOCK, INC.
WEGIS, RALPH B
APPLETON, S LYNN
HANSEN, KEVIN D
Electronic Rejection Notice: Comment: To: Ralph B. Wegis Document: Answer of James Etcheverry to Cross-Complaint Fee of $435.00
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 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 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 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 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 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: Comment: SUMMONS DOES NOT CONFORM TO COMPLAINT
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: Comment: To: Ralph B. Wegis For: Request for Dismissal Reason: Date on item # 1(b)(3) is missing.
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: 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: Comment: RE- NOTICE OF SETTLEMENT - THIS IS NOT A CLASS ACTION CASE - PLEASE USE MANDATORY JUDICIAL COUNCIL FORM CM-200
Minute Order 10/4/2018: Hearing Time: 08:30 AM; Result: Ruling
Minute order Moving Final CMC: Hearing Time: 08:30 AM; Result: Ruling
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) 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 01/30/2018: Judicial Officer: Schuett, Stephen D.; Hearing Time: 8:15 AM; Result: Held
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 **
DispositionDiposition: Judgment - Judicial Officer: Schuett, Stephen D.; Judgment Type: Dismissal-Entry of Request for Dismissal-Before Trial(CL/CV)
DocketRequest for Dismissal (Entire) - Comment: With Prejudice as to Cross-Complaint of LPDB Joint Venture.
DocketElectronic Rejection Notice - Electronic Rejection Notice: Comment: To: Ralph B. Wegis For: Request for Dismissal Reason: Date on item # 1(b)(3) is missing.
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.
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.
DispositionDiposition: Judgment - Judicial Officer: Schuett, Stephen D.; Judgment Type: Dismissal-Entry of Request for Dismissal-Before Trial(CL/CV)
DocketRequest for Dismissal (Partial) - Comment: With Prejudice - As to the Complaint - ONLY
DocketJury Trial - Judicial Officer: Schuett, Stephen D.; Hearing Time: 9:00 AM; Cancel Reason: Notice of Settlement Filed; Comment: T/E 5 DAYS
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
DocketNotice of Related Case(s) - Comment: Notice of Related Cases
DocketProof of Service - Comment: Proof of Service
DocketProof of Service by Mail - Comment: Proof of Service by Mail
DocketProof of Service - Comment: Proof of Service
DocketSummons Issued and Filed - Comment: Summons
DocketElectronic Rejection Notice - Electronic Rejection Notice: Comment: SUMMONS DOES NOT CONFORM TO COMPLAINT
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
DocketCivil and Small Claims Documents - Served: 08/14/2017; Served: 08/09/2017
DocketCivil Case Cover Sheet (CM-010) - Comment: Civil Case Cover Sheet-Breach of Contract
DocketComplaint
RALPH B. WEGIS, SBN 67966
LAW OFFICES OF RALPH B. WEGIS
BAKERSFIELD, CALIFORNIA 93301 | TELEPHONE: (661) 635-2100
FAX: (661) 635-2107 |
Att for PlaintifY, EURE LIVESTOCK, LLC
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
EUREKA LIVESTOCK, LLC ) Case No.: BCV-17-101785 ) Plaintiff ) ANSWER OF EUREKA LIVESTOCK, LLC
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:
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.
(Failure to State a Cause of Action)
The Cross Complaint fails to state facts sufficient to constitute a cause of action against Cross
Defendant.