This case was last updated from Los Angeles County Superior Courts on 11/30/2021 at 02:16:27 (UTC).

ALVIN JOINER ET. AL. VS. EDGE WATER CONSTRUCTION ET. AL.

Case Summary

On 11/17/2017 ALVIN JOINER filed a Property - Other Real Property lawsuit against EDGE WATER CONSTRUCTION. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is MELVIN D. SANDVIG. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8116

  • Filing Date:

    11/17/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MELVIN D. SANDVIG

 

Party Details

Plaintiffs, Cross Defendants, Defendants and Cross Plaintiffs

EDGE WATER CONSTRUCTION INC.

KRISTA JOINER TRUSTEE OF THE W. JUBILEE LAND TRUST

JOINER ALVIN

JOINER KRISTA

AMERICAN CONTRACTORS INDEMNITY COMPANY

KRISTA JOINER TRUSTEE OF THE W.JUBILEE

ROES 1 - 50

HARO POOL PLASTERING CORPORATION A CALIFORNIA CORPORATION

PRECISION GUNITE CORPORATION A CALIFORNIA CORPORATION

HARO POOL PLASTERING CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

CARLIN BRIAN CHARLES

EVANS WIECKOWSKI WARD & SCOFFIELD

Defendant Attorney

FAIRCLOTH MICHAEL S

Cross Defendant Attorney

EBNER DARREN MICHAEL

 

Court Documents

Notice - NOTICE OF CHANGE OF HANDLING ATTORNEYS

9/3/2019: Notice - NOTICE OF CHANGE OF HANDLING ATTORNEYS

Stipulation and Order - STIPULATION TO CONTINUE TRIAL AND [PROPOSED] ORDER

11/20/2019: Stipulation and Order - STIPULATION TO CONTINUE TRIAL AND [PROPOSED] ORDER

Motion to Be Relieved as Counsel

12/27/2019: Motion to Be Relieved as Counsel

Ex Parte Application - EX PARTE APPLICATION TO STRIKE DECEMBER 23 MOTIONS TO WITHDRAW AND TO ADVANCE HEARING DATE ON DECEMBER 27 MOTIONS TO WITHDRAW

12/27/2019: Ex Parte Application - EX PARTE APPLICATION TO STRIKE DECEMBER 23 MOTIONS TO WITHDRAW AND TO ADVANCE HEARING DATE ON DECEMBER 27 MOTIONS TO WITHDRAW

Declaration - DECLARATION OF LUKE N. EATON IN SUPPORT OF EX PARTE APPLICATION

12/27/2019: Declaration - DECLARATION OF LUKE N. EATON IN SUPPORT OF EX PARTE APPLICATION

Declaration - DECLARATION ISO MOTION TO BE RELIEVED AS COUNSEL

12/27/2019: Declaration - DECLARATION ISO MOTION TO BE RELIEVED AS COUNSEL

Declaration - DECLARATION ISO MOTION TO BE RELIEVED AS COUNSEL

12/27/2019: Declaration - DECLARATION ISO MOTION TO BE RELIEVED AS COUNSEL

Motion to Be Relieved as Counsel

12/27/2019: Motion to Be Relieved as Counsel

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER) OF 12/30/2019

12/30/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (RULING ON SUBMITTED MATTER) OF 12/30/2019

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION O STRIKE DECEMBER 23 MOTIONS ...)

12/30/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION O STRIKE DECEMBER 23 MOTIONS ...)

Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

12/30/2019: Minute Order - MINUTE ORDER (RULING ON SUBMITTED MATTER)

Order - ORDER ON EX PARTE APPLICATION

12/30/2019: Order - ORDER ON EX PARTE APPLICATION

Notice of Ruling - NOTICE OF RULING ON EX PARTE APPLICATION

12/31/2019: Notice of Ruling - NOTICE OF RULING ON EX PARTE APPLICATION

Notice of Change of Address or Other Contact Information

1/9/2020: Notice of Change of Address or Other Contact Information

Order - ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

1/28/2020: Order - ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

Order - ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

1/28/2020: Order - ORDER GRANTING MOTION TO BE RELIEVED AS COUNSEL

Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL OF RECORD FOR KRI...)

1/28/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL OF RECORD FOR KRI...)

Notice of Ruling

1/29/2020: Notice of Ruling

129 More Documents Available

 

Docket Entries

  • 06/20/2022
  • Hearing06/20/2022 at 08:30 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Jury Trial

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  • 06/10/2022
  • Hearing06/10/2022 at 08:30 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Final Status Conference

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  • 05/13/2022
  • Hearing05/13/2022 at 08:30 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Hearing on Motion for Summary Judgment

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  • 05/13/2022
  • Hearing05/13/2022 at 08:30 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Hearing on Motion to Bifurcate

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  • 10/27/2021
  • DocketRequest for Dismissal; Filed by Precision Gunite Corporation, a California Corporation (Cross-Complainant)

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  • 09/01/2021
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion to Expunge Lis Pendens - Held

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  • 09/01/2021
  • DocketMinute Order ( (HEARING ON MOTION TO EXPUNGE LIS PENDENS)); Filed by Clerk

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  • 08/26/2021
  • DocketDeclaration (Of Brian Carlin Declaration in Support of Reply Brief); Filed by Alvin Joiner (Defendant); Krista Joiner (Defendant); Krista Joiner Trustee of the W. Jubilee Land Trust Dated 12/31/2016 (Defendant)

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  • 08/26/2021
  • DocketReply to Opposition to Motion to Expunge Lis Pendens; Filed by Alvin Joiner (Defendant); Krista Joiner (Defendant); Krista Joiner Trustee of the W. Jubilee Land Trust Dated 12/31/2016 (Defendant)

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  • 08/18/2021
  • DocketEDGE WATER'S OPP OT PLTF'S JOINER'S MTN TO EXPUNGE LIEN; Filed by Edge Water Construction, Inc. (Defendant)

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192 More Docket Entries
  • 01/04/2018
  • DocketAnswer; Filed by American Contractors Indemnity Company (Defendant); EVANS, WIECKOWSKI, WARD & SCOFFIELD, LLP (Legacy Party)

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  • 01/04/2018
  • DocketOther - (Civil Deposit); Filed by Clerk

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  • 12/12/2017
  • DocketProof of Service (not Summons and Complaint); Filed by ALVIN JOINER (Plaintiff); Krista Joiner, Trustee of the W. Jubilee Land Trust dated 12/31/2016 (Plaintiff)

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  • 12/01/2017
  • DocketProof of Service (not Summons and Complaint); Filed by ALVIN JOINER (Plaintiff); Krista Joiner, Trustee of the W. Jubilee Land Trust dated 12/31/2016 (Plaintiff)

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  • 12/01/2017
  • DocketProof of Service (not Summons and Complaint); Filed by ALVIN JOINER (Plaintiff); Krista Joiner, Trustee of the W. Jubilee Land Trust dated 12/31/2016 (Plaintiff)

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  • 11/17/2017
  • DocketComplaint filed-Summons Issued; Filed by null

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  • 11/17/2017
  • DocketNotice (of Case Management Conference); Filed by Clerk

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  • 11/17/2017
  • DocketNotice of Case Assignment - Unlimited Civil Case

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  • 11/17/2017
  • DocketCivil Case Cover Sheet; Filed by ALVIN JOINER (Plaintiff); Edge Water Construction, Inc. (Plaintiff); Krista Joiner, Trustee of the W. Jubilee Land Trust dated 12/31/2016 (Plaintiff)

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  • 11/17/2017
  • DocketSummons; Filed by null

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Tentative Rulings

Case Number: ****8116    Hearing Date: May 14, 2021    Dept: F47

Dept. F-47

Date: 5/14/21 TRIAL DATE: 8/2/21

Case #****8116 (consolidated with PC058341)

MOTION TO COMPEL

(Supplemental Request for Production)

Motion filed on 11/20/20.

MOVING PARTY: Defendant Edgewater Construction, Inc.

RESPONDING PARTY: Plaintiff Krista Joiner, Trustee of the W. Jubilee Land Trust Dated 12/31/2016

NOTICE: ok

RELIEF REQUESTED: An order compelling Plaintiff to provide responses to Defendant’s Supplemental Request for Production. Additionally, Defendant requests sanctions in the amount of $1,450.00.

RULING: The request to compel responses is granted. Responses, without objection, are due within 20 days. The request for sanctions is denied.

On 2/5/20, Defendant Edgewater Construction, Inc. served Plaintiff Krista Joiner, Trustee of the W. Jubilee Land Trust Dated 12/31/2016 with Supplemental Request for Production. (Bolin Decl., Ex.A). Responses were due 3/11/20. Despite meeting and conferring with Plaintiff’s counsel regarding the failure to respond, Plaintiff has still failed to serve responses to the discovery. (Bolin Decl., Ex.B, C).

Due to Plaintiff’s failure to provide responses to the subject discovery, Defendant is entitled to an order compelling responses without objection. CCP 2031.300(a), (b). Because Defendant has failed to set forth against whom the sanctions are sought (i.e., Plaintiff, Plaintiff’s attorney, or both) as required by CCP 2023.040, the request for sanctions is denied.



Case Number: ****8116    Hearing Date: May 13, 2021    Dept: F47

Dept. F-47

Date: 5/13/21 TRIAL DATE: 8/2/21

Case #****8116 (consolidated with PC058341)

MOTION TO COMPEL

(Supplemental Interrogatories)

Motion filed on 11/20/20.

MOVING PARTY: Defendant Edgewater Construction, Inc.

RESPONDING PARTY: Plaintiff Krista Joiner, Trustee of the W. Jubilee Land Trust Dated 12/31/2016

NOTICE: ok

RELIEF REQUESTED: An order compelling Plaintiff to provide responses to Defendant’s Supplemental Interrogatories. Additionally, Defendant requests sanctions in the amount of $1,450.00.

RULING: The request to compel responses is granted. Responses, without objection, are due within 20 days. The request for sanctions is denied.

On 2/5/20, Defendant Edgewater Construction, Inc. served Plaintiff Krista Joiner, Trustee of the W. Jubilee Land Trust Dated 12/31/2016 with Supplemental Interrogatories. (Bolin Decl., Ex.A). Responses were due 3/11/20. Despite meeting and conferring with Plaintiff’s counsel regarding the failure to respond, Plaintiff has still failed to serve responses to the discovery. (Bolin Decl., Ex.B, C).

Due to Plaintiff’s failure to provide responses to the subject discovery, Defendant is entitled to an order compelling responses without objection. CCP 2030.290(a), (b). Because Defendant has failed to set forth against whom the sanctions are sought (i.e., Plaintiff, Plaintiff’s attorney, or both) as required by CCP 2023.040, the request for sanctions is denied.



Case Number: ****8116    Hearing Date: August 25, 2020    Dept: F47

Dept. F-47

Date: 8/25/20

Case #****8116 (consolidated with PC058341)

2 MOTIONS TO COMPEL

Motions filed on 3/20/20.

MOVING PARTY: Defendant Edgewater Construction, Inc.

RESPONDING PARTY: Plaintiff Krista Joiner, Trustee of the W. Jubilee Land Trust Dated 12/31/2016

RELIEF REQUESTED:

(1) An order compelling Plaintiff to provide responses to Defendant’s Supplemental Interrogatories. Additionally, Defendant requests sanctions in the amount of $1,490.00; and

(2) An order compelling Plaintiff to provide responses to Defendant’s Supplemental Requests for Production. Additionally, Defendant requests sanctions in the amount of $1,490.00

RULING: The motions are placed off calendar.

A party is entitled to have motions concerning discovery heard on or before the 15th day, before the date initially set for trial of the action. CCP 2024.020. The instant motions were originally set for hearing on 4/20/20 which was also the date set for trial when the motions were filed on 3/20/20. As such, the motions were untimely. Subsequently, the Court vacated the 4/20/20 trial date due to the spread of Covid-19, the state of emergency, etc.

Even if the motion cut-off date is deemed to have been continued to correspond to the new trial date to be set, there is no evidence that Plaintiff or her counsel were given notice that the hearing date for the motions was continued to 8/25/20. On 4/1/20, the Court continued the hearing on the motions from 4/20/20 to 8/25/20 and served notice on counsel for Edge Water Construction, Inc. and Precision Gunite Corp. (See 4/1/20 Minute Order and Certificate of Mailing). The Court ordered Moving Party (Edge Water Construction, Inc.) to give notice to any parties not provided notice by the Court. (See 4/1/20 Minute Order). There is no evidence that Edge Water Construction, Inc. provided notice to Plaintiff before she substituted in her current counsel or after regarding the rescheduled 8/25/20 hearing date.

There are no responses to the motions to cure the defects in notice. Therefore, the hearings on the motions are placed off calendar.



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