This case was last updated from Kern County Superior Courts on 03/29/2020 at 13:49:09 (UTC).

GILMOUR VS UNION PACIFIC RAILROAD

Case Summary

On 01/30/2014 GILMOUR filed a Contract - Business lawsuit against UNION PACIFIC RAILROAD. This case was filed in Kern County Superior Courts, Metropolitan Branch located in Kern, California. The Judges overseeing this case are Chapin, Sidney P., Brumfield, Lorna H., Lampe, David R., Brehmer, Charles R. and Schuett, Stephen D.. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *********1193

  • Filing Date:

    01/30/2014

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Business

  • Court:

    Kern County Superior Courts

  • Courthouse:

    Metropolitan Branch

  • County, State:

    Kern, California

Judge Details

Judges

Chapin, Sidney P.

Brumfield, Lorna H.

Lampe, David R.

Brehmer, Charles R.

Schuett, Stephen D.

 

Party Details

Plaintiffs

GILMOUR, DONALD

RMR EQUIPMENT RENTAL, INC.

RMR WATER TRUCKS, A CALIFORNIA CORPORATION

Defendants

UNION PACIFIC RAILROAD COMPANY

ADVANCED CLEANUP TECHNOLOGIES, INC.

Attorney/Law Firm Details

Plaintiff Attorney

FLUETSCH, KRISTINA L

Attorney at FLUETCH & FLUETCH

115 W Walnut St #3

Lodi, CA 95240

Defendant Attorney

FONG, RODERICK D

 

Court Documents

Order to Show Cause in re: Dismissal

12/07/16 MO: Order to Show Cause re: Dismissal per CRC rule 3.1385: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:30 AM; Result: Held; Comment: CRC Rule 3.1385

Motion to Enforce (Pre-Disposition)

12/05/16 MO: Motion to Enforce Settlement: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:30 AM; Result: Held; Comment: 10/26/16 Plaintiffs, DONALD GILMOUR and RMR EQUIPMENT RENTAL INC. dba RMR WATER TRUCKS Motion to Enforce Settlement Agreement CCP 664.6 ResID: 18241 ************************************************** TENTATIVE: SUBJECT TO MOVING PARTY'S COUNSEL CONFIRMING ACTUAL NOTICE OF MOTION AND SUPPORTING PAPERS TO COUNSEL FOR DEFENDANT, GRANT MOTION FOR JUDGMENT IN THE AMOUNT OF $80,824.58. THE ADDRESS FOR MAIL SERVICE ON ATTORNEY FOR DEFENDANT IS NOT THE ADDRESS OF RECORD IN THIS CASE. NO CHANGE OF ADDRESS NOTICE HAS BEEN FILED BY DEFENSE COUNSEL. **************************************************

Case Management Conference

Minute Order - CMC - 12/04/15: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:00 AM; Result: Held; Comment: (Set per m.o. 10/23/15); Parties Present Defendant; Attorney: FONG, RODERICK D

Demurrer

Minute Order - Demurrer and MTS - 10/23/15: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:30 AM; Result: Held; Comment: 9/22/15 Defendant, UNION PACIFIC RAILROAD COMPANY Demurrer to Fourth Amended Complaint ************************************************ TENTATIVE: OVERRULE DEMURRER TO FOURT AMENDED COMPLAINT. DEMURRER ONLY GOES TO THE FIFTH CAUSE OF ACTION. OVERRULE GENERAL DEMURRER TO FIFTH CAUSE OF ACTION. COURT ORDERS STRICKEN FROM FIFTH CAUSE OF ACTION INCORPORATED ALLEGATIONS FROM GENERAL ALLEGATIONS, PARAS. 9, 11, AND 12, AND ALLEGATIONS FROM THE FIRST, THIRD, AND FOURTH CAUSES OF ACTION, AS DRAWN CONTRARY TO COURT'S PRIOR ORDERS. SPECIAL DEMURRER IS MOOT. ANSWER TO BE FILED WITHIN TEN (10) DAYS. SET CMC. ********************************************; Parties Present Plaintiff; Attorney: FLUETSCH, KRISTINA L; Plaintiff; Attorney: FLUETSCH, KRISTINA L

Demurrer

Minute Order - Demurrer - 08/06/15: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:30 AM; Result: Held; Comment: 6/23/15 Defendant, UNION PACIFIC RAILROAD COMPANY Demurrer to Third Amended Complaint ****************************************** TENTATIVE: SUSTAIN DEMURRER TO THE FIRST AND THIRD CAUSES OF ACTION WITHOUT LEAVE TO AMEND. CCP SECTION 430.10(e). SUSTAIN DEMURRER TO FIFTH CAUSE OF ACTION WITH LEAVE TO AMEND. CCP SECTION 430.10(f). TWENTY (20) DAYS TO SERVE AND FILE AMENDED PLEADING AS TO THE FIFTH CAUSE OF ACTION ONLY.; Parties Present Plaintiff; Attorney: FLUETSCH, KRISTINA L; Plaintiff; Attorney: FLUETSCH, KRISTINA L

Motion to Strike

Minute Order - Motion to Strike - 08/06/15: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:30 AM; Result: Held; Comment: 6/23/15 Defendant, UNION PACIFIC RAILROAD COMPANY Motion to Strike Portions of Plaintiffs' Third Amended Complaint *********************************************** TENTATIVE: GRANT MOTION AS TO PARA. 14 AS TO LINES 16-22, OTHERWISE DENY; PARA. 32, AND PRAYER PARA. 6. DENY MOTION AS TO PARAS. 13 AND 15. MOTION IS MOOT AS TO PARAS 22-27, 31-37, 46-48, 51, AND PRAYER PARA.5; Parties Present Plaintiff; Attorney: FLUETSCH, KRISTINA L; Plaintiff; Attorney: FLUETSCH, KRISTINA L

Ruling

RULING - ON DEMURRER & MOTION TO STRIKE; CMC; 05/15/15: Hearing Time: 8:00 AM; Result: Ruling

Further Case Management Conference

Original Type: Further Case Management Conference; 5/8/15 Further Case Management Conference: Judicial Officer: Chapin, Sidney P.; Hearing Time: 08:30 AM; Result: Held; Comment: SPECIALLY SET AT 8:30 // ALSO HAS L&M(CONT'D FROM 4/28/2015); Parties Present Plaintiff: GILMOUR, DONALD; Attorney: FLUETSCH, KRISTINA L; Plaintiff: RMR EQUIPMENT RENTAL, INC.; Attorney: FLUETSCH, KRISTINA L

Motion to Strike

Original Type: Motion to Strike; 5/8/15 Motion to Strike filed by Union Pacific: Judicial Officer: Chapin, Sidney P.; Hearing Time: 08:30 AM; Result: Held; Comment: Tentative Ruling: MOTION TO STRIKE IS MOOT BASED ON TENTATIV E RULING ON DEMURRER. 1/23/15; 3/27/15 RE NOTICE FILEDDEFENDANT, UNION PACIFIC RAILROAD COMPANYPORTION OF PLAINTIFFS' SECOND AMENDED COMPLAINT(CONT'D FROM 4/28/2015) *************************************************** TENTATIVE: MOTION TO STRIKE IS MOOT BASED ON TENTATIV E RULING ON DEMURRER.; Parties Present Plaintiff: GILMOUR, DONALD; Attorney: FLUETSCH, KRISTINA L; Plaintiff: RMR EQUIPMENT RENTAL, INC.; Attorney: FLUETSCH, KRISTINA L; Defendant: ADVANCED CLEANUP TECHNOLOGIES, INC.

Demurrer

Original Type: Demurrer; 5/8/15 Demurrer filed by Union Pacific: Judicial Officer: Chapin, Sidney P.; Hearing Time: 08:30 AM; Result: Held; Comment: Tentative Ruling: SUSTAIN DEMURRER TO THE FIRST, THIRD AND FOURTH CAUSES OF ACTION OF THE SECOCND AMENDED COMPLAINT WITH LEAVE TO AMEND. CCP SECTION 430.10 (e) AND (f). TWENTY (20) DAYS TO SERVE AND FILE AND AMENDED PLEADING AS TO THESE CAUSES OF ACTION. 1/23/15; 3/27/15 RE NOTICE FILEDDEFENDANT, UNION PACIFIC RAILROAD COMPANYDEMURRER TO SECOND AMENDED COMPLAINT(CONT'D FROM 4/28) ****************************************** TENTATIVE; SUSTAIN DEMURRER TO THE FIRST, THIRD AND FOURTH CAUSES OF ACTION OF THE SECOCND AMENDED COMPLAINT WITH LEAVE TO AMEND. CCP SECTION 430.10 (e) AND (f). TWENTY (20) DAYS TO SERVE AND FILE AND AMENDED PLEADING AS TO THESE CAUSES OF ACTION.; Parties Present Plaintiff: GILMOUR, DONALD; Plaintiff: RMR EQUIPMENT RENTAL, INC.; Defendant: ADVANCED CLEANUP TECHNOLOGIES, INC.

 

Docket Entries

  • 02/21/2017
  • DocketAbstract Issued - Comment: ISSUED/DKR 1 OF 2

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  • 02/21/2017
  • DocketAbstract Issued - Comment: MAILED/DKR (2)

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  • 01/19/2017
  • DocketNotice of Entry of Judgment - Comment: RETURNED VIA SASE

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  • 01/02/2017
  • DispositionDiposition: Judgment - Judicial Officer: Chapin, Sidney P.; Judgment Type: Judgment - Other Clerk Judgment Before Trial (CL/CV); Judgment - Monetary Award: Awarded To: GILMOUR, DONALD; RMR EQUIPMENT RENTAL, INC.; Judgment Amount: $80,824.58; Awarded Against: ADVANCED CLEANUP TECHNOLOGIES, INC.; Party: Names: GILMOUR, DONALD; RMR EQUIPMENT RENTAL, INC.; ADVANCED CLEANUP TECHNOLOGIES, INC.

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  • 01/02/2017
  • DocketJudgment - Judicial Officer: Chapin, Sidney P.

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  • 01/02/2017
  • DocketOrder - Judicial Officer: Chapin, Sidney P.; Comment: Granting motion to enfoce settlement agreement.

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  • 01/02/2017
  • DocketLetter Received - Comment: Letter From: Michael Fluetsch Date of Letter: 1/2/2017 Re: Proposed Order

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  • 12/07/2016
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  • DocketOrder to Show Cause in re: Dismissal - 12/07/16 MO: Order to Show Cause re: Dismissal per CRC rule 3.1385: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:30 AM; Result: Held; Comment: CRC Rule 3.1385

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  • 12/05/2016
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  • DocketMotion to Enforce (Pre-Disposition) - 12/05/16 MO: Motion to Enforce Settlement: Judicial Officer: Chapin, Sidney P.; Hearing Time: 8:30 AM; Result: Held; Comment: 10/26/16 Plaintiffs, DONALD GILMOUR and RMR EQUIPMENT RENTAL INC. dba RMR WATER TRUCKS Motion to Enforce Settlement Agreement CCP 664.6 ResID: 18241 ************************************************** TENTATIVE: SUBJECT TO MOVING PARTY'S COUNSEL CONFIRMING ACTUAL NOTICE OF MOTION AND SUPPORTING PAPERS TO COUNSEL FOR DEFENDANT, GRANT MOTION FOR JUDGMENT IN THE AMOUNT OF $80,824.58. THE ADDRESS FOR MAIL SERVICE ON ATTORNEY FOR DEFENDANT IS NOT THE ADDRESS OF RECORD IN THIS CASE. NO CHANGE OF ADDRESS NOTICE HAS BEEN FILED BY DEFENSE COUNSEL. **************************************************

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  • 12/02/2016
  • DocketSupplemental Declaration - Comment: Supplemental Declaration

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170 More Docket Entries
  • 05/06/2014
  • Docket134A Pmt: Photocopy GC 70627(A) EFF 1/1/06 - Comment: Amount of $5.00 for GILMOUR, DONALD (PL-1). Received from GILMOUR, DONALD. Receipt #776969 for amount of $456.00.

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  • 05/06/2014
  • Docket800Q Pmt: New Suit - Unlimited Civil GC 70611 (8/6/12) - Comment: Amount of $435.00 for GILMOUR, DONALD (PL-1). Received from GILMOUR, DONALD. Receipt #776969 for amount of $456.00.

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  • 05/01/2014
  • DocketProof of Service - Summons / Complaint - Comment: AS TO UNION PACIFIC RAILROAD COMPANY PERSONAL SERVICE 4/9/14

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  • 03/18/2014
  • DocketSummons Issued and Filed - Comment: ENDORSED COPY MAILED IN S.A.S.E

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  • 02/05/2014
  • DocketRejection/Correction Notice - Comment: TO: KRISTINA L. FLUETSCH RETURNED VIA US MAIL 115 W. WALNUT ST., #3 LODI CA 95240 RE: GILMOUR VS UNION PACIFIC RAILR Case No. S-1500-CV-281193, SPC NOTICE OF REJECTION / REQUEST FOR CORRECTIONS X The attached SUMMONS papers are being returned for the following reason(s): X Summons does not conform to Complaint / Cross-Complaint. ANY CORRESPONDENCE REQUIRING AN ANSWER FROM THE COURT MUST BE ACCOMPANIED BY A STAMPED, SELF ADDRESSED ENVELOPE. Calendar Notes: TO: KRISTINA L. FLUETSCH RETURNED VIA US MAIL 115 W. WALNUT ST., #3 LODI CA 95240 RE: GILMOUR VS UNION PACIFIC RAILR Case No. S-1500-CV-281193, SPC NOTICE OF REJECTION / REQUEST FOR CORRECTIONS X The attached SUMMONS papers are being returned for the following reason(s): X Summons does not conform to Complaint / Cross-Complaint. ANY CORRESPONDENCE REQUIRING AN ANSWER FROM THE COURT MUST BE ACCOMPANIED BY A STAMPED, SELF ADDRESSED ENVELOPE.

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  • 02/05/2014
  • DocketOrder to Show Cause - Comment: NOTICE OF ORDER TO SHOW CAUSE RE: CALIFORNIA RULES OF COURT, RULE 3.110 TO PLAINTIFF AND PLAINTIFF'S COUNSEL: YOU ARE ORDERED TO APPEAR ON May 15, 2014 AT 8:30 AM IN DEPARTMENT_4 OF THE ABOVE ENTITLED COURT TO GIVE ANY LEGAL REASON WHY SANCTIONS SHALL NOT BE IMPOSED FOR FAILURE TO SERVE THE COMPLAINT ON ALL NAMED DEFENDANTS AND FILE PROOF(S) OF SERVICE WITH THE COURT WITHIN SIXTY (60) DAYS AFTER THE FILING OF THE COMPLAINT PURSUANT TO CALIFORNIA RULES OF COURT, RULE 3.110. ALL APPEARANCES ARE MANDATORY, UNLESS FIVE (5) COURT DAYS PRIOR TO HEARING DATE THE COURT HAS RECEIVED THE REQUIRED PROOF(S) OF SERVICE, THEN NO APPEARANCE IS NECESSARY. Calendar Notes: NOTICE OF ORDER TO SHOW CAUSE RE: CALIFORNIA RULES OF COURT, RULE 3.110 TO PLAINTIFF AND PLAINTIFF'S COUNSEL: YOU ARE ORDERED TO APPEAR ON May 15, 2014 AT 8:30 AM IN DEPARTMENT_4 OF THE ABOVE ENTITLED COURT TO GIVE ANY LEGAL REASON WHY SANCTIONS SHALL NOT BE IMPOSED FOR FAILURE TO SERVE THE COMPLAINT ON ALL NAMED DEFENDANTS AND FILE PROOF(S) OF SERVICE WITH THE COURT WITHIN SIXTY (60) DAYS AFTER THE FILING OF THE COMPLAINT PURSUANT TO CALIFORNIA RULES OF COURT, RULE 3.110. ALL APPEARANCES ARE MANDATORY, UNLESS FIVE (5) COURT DAYS PRIOR TO HEARING DATE THE COURT HAS RECEIVED THE REQUIRED PROOF(S) OF SERVICE, THEN NO APPEARANCE IS NECESSARY.

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  • 02/03/2014
  • DocketCONV - Comment: New case created by deputy.

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  • 01/30/2014
  • DocketCivil Case Cover Sheet (CM-010) - Comment: FILED BY KRISTINA L. FLUETSCH

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  • 01/30/2014
  • DocketComplaint - Fast Track - Comment: FILED BY KRISTINA L. FLUETSCH CMC SET 8/13/14 @8:00AM DEPT 4, RETURNED VIA US MAIL, POSTAGE PRE-PAID

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  • 01/30/2014
  • DocketElectronically Faxed Document(s) Received - Comment: EFAX: Accepted Confirmation: S1500CV281193_140203_120408 SUMMONS CIVIL CASE COVER SHEET COMPLAINT FOR DAMAGES eFax document: FAX-17395.PDF

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