DEVLIN/MCNALLEY CONSTRUCTION, INC. VS. MISSION HUB, LLC ET AL
Case Summary
Case Details
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Case Number:
*******8349
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Filing Date:
07/24/2018
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Case Status:
Not Classified By Court
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Case Type:
Property - Other Real Property
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Courthouse:
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County, State:
San Francisco, California
Judge Details
Judge
TERI L. JACKSON
Party Details
Plaintiff
DEVLIN/MCNALLEY CONSTRUCTION, INC.
Defendants
DOES 1 TO 25, INCLUSIVE
DROLOPAS, STEVE
MISSION HUB, LLC
Attorney/Law Firm Details
Plaintiff Attorney
MCLENNON, DANIEL FREDERICK
Attorney at MCLENNON LAW CORPORATION
275 Battery St., Suite 1300
San Francisco, CA 94111
Court Documents
QUIET TITLE - REAL PROPERTY, COMPLAINT FILED BY PLAINTIFF DEVLIN/MCNALLEY CONSTRUCTION, INC. AS TO DEFENDANT MISSION HUB, LLC DROLOPAS, STEVE DOES 1 TO 25, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR DEC-26-2018 PROOF OF SERVICE DUE ON SEP-24-2018 CASE MANAGEMENT STATEMENT DUE ON DEC-03-2018
NOTICE TO PLAINTIFF
Docket Entries
- 07/24/2018
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Payment : CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount : $450; Payment Type : CHECK; Receipt Number : Y0218724F004
- 07/24/2018
- View Court Documents
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NOTICE TO PLAINTIFF
- 07/24/2018
- View Court Documents
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QUIET TITLE - REAL PROPERTY, COMPLAINT FILED BY PLAINTIFF DEVLIN/MCNALLEY CONSTRUCTION, INC. AS TO DEFENDANT MISSION HUB, LLC DROLOPAS, STEVE DOES 1 TO 25, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR DEC-26-2018 PROOF OF SERVICE DUE ON SEP-24-2018 CASE MANAGEMENT STATEMENT DUE ON DEC-03-2018 (Fee:$450.00)
Tentative Rulings
| Case Number: | *******8349 | |
| Case Title: | DEVLIN/MCNALLEY CONSTRUCTION, INC. VS. MISSION HUB, LLC ET AL | |
| Court Date: | NOV-12-2019 09:30 AM | |
| Calendar Matter: | MOTION FOR SUMMARY ADJUDICATION Notice Of Motion And Devlinmcnally Construction, Inc.S Motion For Summary Adjudication | |
| Rulings: | Matter on calendar for Tuesday, November 12, 2019, Line 8, PLAINTIFF DEVLIN/MCNALLEY CONSTRUCTION, INC.'S MOTION FOR SUMMARY ADJUDICATION Plaintiff's Motion for Summary AdjudicationPlaintiff Devlin/McNally Construction Inc.'s motion for summary adjudication is denied. Plaintiff failed to maintain its initial burden of production. To prevail on its foreclosure of mechanic's lien claim, Plaintiff is obligated to show the reasonable value of its work/services, because the amount due is the lesser of the reasonable value of the work provided by the claimant and the contractually agreed price. (Civ. Code u00A7 8430(a)(1).) "The actual amount due on the lien presents a question of fact for the trial court." (Basic Modular Facilities, Inc. v. Ehsanipour (1999) 70 Cal.App.4th 1480, 1485.) In this case, Plaintiff has not shown by undisputed evidence the reasonable value of its services, and it is even unclear what amount of damages Plaintiff is seeking to recover. Plaintiff's points and authorities appear to argue that $520,270.00 (the amount of the original recorded lien) is owed. Plaintiff's UMF 9 states that Mission HUB LLC failed to pay "nearly $500,000.00" for the services. Plaintiff's UMF 24 refers to the $348,849.52 judgment that Plaintiff obtained against Mission HUB LLC. UMF 29 states that Plaintiff made improvements "resulting in approximately a twenty-five percent or two and a half million dollar increase in the property's value." The court cannot grant summary adjudication based upon such uncertain and varying approximations.Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. Counsel for Defendant is required to submit a proposed order for signature and must bring it to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.=(302/EPS) |
| Case Number: | *******8349 | |
| Case Title: | DEVLIN/MCNALLEY CONSTRUCTION, INC. VS. MISSION HUB, LLC ET AL | |
| Court Date: | OCT-25-2019 09:30 AM | |
| Calendar Matter: | MOTION FOR SUMMARY JUDGMENT | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for October 25, 2019 line 2.DEFENDANT STEVE DROLAPAS, FOULA DROLAPAS MOTION FOR SUMMARY JUDGMENTtransferred to be heard on November 12, 2019 in Department 302 at 9:30 a.m. per October 23, 2019 ex-parte order. =(501/CFH) |
| Case Number: | *******8349 | |
| Case Title: | DEVLIN/MCNALLEY CONSTRUCTION, INC. VS. MISSION HUB, LLC ET AL | |
| Court Date: | FEB-08-2019 09:30 AM | |
| Calendar Matter: | MOTION FOR SUMMARY JUDGMENT | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for Friday February 8, 2019 line 7.DEFENDANT STEVE DROLAPAS MOTION FOR SUMMARY JUDGMENTcontinued to March 6, 2019. Amended Declaration filed by Plaintiff on February 4, 2019. = (501/CFH) |
| Case Number: | *******8349 | |
| Case Title: | DEVLIN/MCNALLEY CONSTRUCTION, INC. VS. MISSION HUB, LLC ET AL | |
| Court Date: | JAN-04-2019 09:30 AM | |
| Calendar Matter: | Notice Of Motion And Devlin Mcnallys Construction Inc.S Motion For Leave To Amend Initial Complaint | |
| Rulings: | Real Property/Housing Court Law and Motion Calendar for Friday January 4, 2019 line 2.PLAINTIFF DEVLIN/MCNALLEY CONSTRUCTION, INC. Notice Of Motion And Devlin Mcnallys Construction Inc.S Motion For Leave To Amend Initial ComplaintGRANTED, First Amended Complaint to be filed and served forthwith. The Court does not make any rulings as to the sufficiency, timeliness or applicability of the "relation back" doctrine. = (501/CFH) |
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