This case was last updated from Los Angeles County Superior Courts on 11/06/2020 at 01:24:01 (UTC).

CLIVE WILKINSON VS SCANLON CONSTRUCTION INC

Case Summary

On 03/27/2018 CLIVE WILKINSON filed a Contract - Other Contract lawsuit against SCANLON CONSTRUCTION INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is HOLLY J. FUJIE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9853

  • Filing Date:

    03/27/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

HOLLY J. FUJIE

 

Party Details

Plaintiffs, Petitioners and Cross Defendants

WILKINSON CLIVE

SCANLON CONSTRUCTION INC.

BLAZING STRUCTURE STEEL INC.

SOUTHERN CALIFORNIA STEEL INC.

ROES 1 TO 100

SF VALLEY CONSTRUCTION INC.

Defendants, Respondents, Not Classified By Court and Cross Defendants

A-1 CONSTRUCTION

SCANLON CONSTRUCTION INC.

DOES 1-100

SCANLON CONSTRUCTION INC. DBA A-1 CONSTRUCTION A CORPORATION

Defendants, Respondents, Cross Plaintiffs and Cross Defendants

SCANLON CONSTRUCTION INC.

BLAZING STRUCTURE STEEL INC.

SCANLON CONSTRUCTION INC. DBA A-1 CONSTRUCTION A CORPORATION

Defendants, Respondents and Not Classified By Court

A-1 CONSTRUCTION

JAMES RIVER INSURANCE COMPANY

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

TATE THERESA CRAWFORD

Defendant, Respondent and Cross Plaintiff Attorney

ROPERS MAJESKI KOHN & BENTLEY

Cross Defendant Attorneys

LAX PAUL A

TATE THERESA

WINDISCH R. TODD

 

Court Documents

COMPLAINT FOR: 1. BREACH OF CONTRACT ;ETC

3/27/2018: COMPLAINT FOR: 1. BREACH OF CONTRACT ;ETC

NOTICE OF CASE MANAGEMENT CONFERENCE

4/3/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

PROOF OF SERVICE SUMMONS

4/20/2018: PROOF OF SERVICE SUMMONS

Notice Re: Continuance of Hearing and Order

2/21/2020: Notice Re: Continuance of Hearing and Order

Stipulation and Order - STIPULATION AND ORDER THIRD STIPULATION TO CONTINUE TRIAL DATE; ORDER

3/3/2020: Stipulation and Order - STIPULATION AND ORDER THIRD STIPULATION TO CONTINUE TRIAL DATE; ORDER

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

1/6/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

Amendment to Cross-Complaint (Fictitious/Incorrect Name) - Amendment to Cross-Complaint (Fictitious/Incorrect Name)

2/25/2019: Amendment to Cross-Complaint (Fictitious/Incorrect Name) - Amendment to Cross-Complaint (Fictitious/Incorrect Name)

Amendment to Cross-Complaint (Fictitious/Incorrect Name) - Amendment to Cross-Complaint (Fictitious/Incorrect Name)

2/25/2019: Amendment to Cross-Complaint (Fictitious/Incorrect Name) - Amendment to Cross-Complaint (Fictitious/Incorrect Name)

Proof of Personal Service

3/8/2019: Proof of Personal Service

Cross-Complaint

3/25/2019: Cross-Complaint

Answer - ANSWER TO CROSS-COMPLAINT

3/25/2019: Answer - ANSWER TO CROSS-COMPLAINT

CASE MANAGEMENT STATEMENT -

7/20/2018: CASE MANAGEMENT STATEMENT -

CIVIL DEPOSIT -

7/25/2018: CIVIL DEPOSIT -

STIPULATION AND ORDER SETTING ASIDE DEFAULT OF SCANLON CONSTRUCTION, INC. DBA A-1 CONSTRUCTION, A CORPORATION

7/25/2018: STIPULATION AND ORDER SETTING ASIDE DEFAULT OF SCANLON CONSTRUCTION, INC. DBA A-1 CONSTRUCTION, A CORPORATION

33 More Documents Available

 

Docket Entries

  • 04/05/2021
  • Hearing04/05/2021 at 09:30 AM in Department 56 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 03/30/2021
  • Hearing03/30/2021 at 08:30 AM in Department 56 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 11/04/2020
  • Docketat 08:30 AM in Department 56; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 10/19/2020
  • Docketat 09:30 AM in Department 56; Jury Trial - Not Held - Continued - Stipulation

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  • 10/19/2020
  • Docketat 09:26 AM in Department 56; Court Order

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  • 10/19/2020
  • DocketCertificate of Mailing for ((Court Order) of 10/19/2020); Filed by Clerk

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  • 10/19/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 10/14/2020
  • Docketat 08:30 AM in Department 56; Final Status Conference - Not Held - Continued - Stipulation

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  • 08/27/2020
  • DocketComplaint in Intervention; Filed by James River Insurance Company (Non-Party)

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  • 03/16/2020
  • Docketat 08:30 AM in Department 56; Hearing on Motion for Leave to Intervene - Held

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52 More Docket Entries
  • 04/20/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 04/20/2018
  • DocketProof of Service (not Summons and Complaint); Filed by Clive Wilkinson (Plaintiff)

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  • 04/20/2018
  • DocketPROOF OF SERVICE SUMMONS

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  • 04/03/2018
  • DocketORDER TO SHOW CAUSE HEARING

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  • 04/03/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 04/03/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 04/03/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 03/27/2018
  • DocketComplaint; Filed by Clive Wilkinson (Plaintiff)

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  • 03/27/2018
  • DocketCOMPLAINT FOR: 1. BREACH OF CONTRACT ;ETC

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  • 03/27/2018
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC699853    Hearing Date: March 16, 2020    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

CLIVE WILKINSON,

Plaintiff,

vs.

SCANLON CONSTRUCTION, INC., etc., et al.,

Defendants.

AND RELATED CROSS-ACTION

CASE NO.: BC699853

[TENTATIVE] ORDER RE: MOTION FOR LEAVE TO INTERVENE

Date: March 16, 2020

Time: 8:30 a.m.

Dept. 56

FSC: November 4, 2020

Jury Trial: November 16, 2020

MOVING PARTY: James River Insurance Company (“JRIC”)

The Court has considered the moving papers. No opposition papers were filed, and no courtesy copy of any opposition papers were provided to the Court. Any opposition to the motion for leave to intervene was required to be filed and served by March 3, 2020 pursuant to California Code of Civil Procedure, Section 1005(b). JRIC filed and served its motion on November 13, 2019.

BACKGROUND

Plaintiff’s complaint arises from alleged defective construction work with respect to Plaintiff’s residence. Plaintiff filed a complaint against Defendants alleging causes of action for: (1) breach of contract; (2) negligent construction & defective workmanship; (3) breach of express warranty; and (4) breach of implied warranty.

Defendant Scanlon Construction, Inc. (“SCI”) then filed a cross-complaint alleging in part that it is entitled to indemnification with respect to Plaintiff’s complaint. The cross-complaint alleges causes of action against Cross-Defendants for: (1) equitable/implied indemnity; (2) comparative fault; (3) express indemnity; (4) breach of contract; and (5) declaratory relief.

On November 13, 2019, JRIC filed and served a motion for leave to file a complaint-in-intervention as the insurer for Cross-Defendant Southern California Steel, Inc. (“SCS”), a suspended California corporation, to assert the denials and defenses set forth in JRIC’s concurrently filed proposed complaint-in-intervention. JRIC contends that SCI has filed the cross-complaint against its insured, SCS, and it must defend its own interests in this action as applied to the claims against its insured, which will be adversely affected if JRIC is not permitted leave to intervene.

Due to JRIC’s motion being unopposed, the Court GRANTS JRIC’s motion for leave to file a complaint-in-intervention as the insurer for SCS. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving party is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 16th day of March 2020

Hon. Holly J. Fujie

Judge of the Superior Court