This case was last updated from San Francisco County Superior Courts on 04/13/2016 at 06:43:41 (UTC).

FLYNN AND ENSLOW, INC. VS. DARREN WELTER et al

Case Summary

On 02/13/2013 FLYNN AND ENSLOW, INC filed a Contract - Business lawsuit against DARREN WELTER. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8727

  • Filing Date:

    02/13/2013

  • Case Status:

    Not Classified By Court

  • Case Type:

    Contract - Business

  • County, State:

    San Francisco, California

 

Party Details

Plaintiffs and Cross Defendants

FLYNN AND ENSLOW, INC.

ROES 26-25, ET AL

Defendants and Cross Plaintiffs

WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH

DOES 1 TO 50

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorneys

CRITCHLOW RICHARD K

CRITCHLOW, RICHARD KNIGHT

JUDD, DARIN T

Attorney at THOMPSON, WELCH, SOROKO & GILBERT LLP

3950 Civic Center Drive,, Ste 300

San Rafael, CA 94903

Defendant and Cross Plaintiff Attorney

FRITZ, WILLIAM FRANCIS

 

Court Documents

Defendants Separate Statement of Facts in Support of Motion for Summary Adjudication

SEPARATE STATEMENT OF FACTS IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION (TRANSACTION ID # 55796139) FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH

Defendant WELTERs Case Management Statement

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 55791578) FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH JURY DEMANDED

Defendants Request for Judicial Notice in Support of Defendants Demurrer and Motion to Strike as to Plaintiffs Second Amended Complaint

DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS DEMURRER AND MOTION TO STRIKE AS TO PLAINTIFFS SECOND AMENDED COMPLAINT (TRANSACTION ID # 55121845) FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH

Plaintiff Flynn and Enslow, Inc.s Memorandum of Points and Authorities in Opposition to Defendant Darren Welters Motion for Summary Adjudication

MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFT DARREN WELTER'S MOTION FOR SUMMARY ADJUDICATION (TRANSACTION ID # 56246374) FILED BY PLAINTIFF FLYNN AND ENSLOW, INC.

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF FEB-05-2014 CONTINUED TO MAR-19-2014 AT 10:30 AM IN DEPARTMENT 610 FOR DEFENDANT(S) TO SERVE ORDER RE DEMURRER TO 1ST AMENDED COMPLAINT. NOTICE SENT BY COURT.

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF FLYNN AND ENSLOW, INC. JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 10.0 DAYS

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF APR-30-2014 CONTINUED TO JUL-02-2014 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

Plaintiff Flynn and Enslow, Inc.s Separate Statement of Undisputed Material Facts in Opposition to Defendant Darren Welters Motion for Summary Adjudication

SEPARATE STATEMENT OF FACTS IN SUPPORT OF OPPOSITION TO DEFT DARREN WELTER'S MOTION FOR SUMMARY ADJUDICATION (TRANSACTION ID # 56246374) FILED BY PLAINTIFF FLYNN AND ENSLOW, INC.

Proof of Service of Reply Papers in Support of Defendants Motion for Summary Adjudication

PROOF OF SERVICE OF REPLY PAPERS IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY ADJUDICATION (TRANSACTION ID # 56271237) FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH

61 More Documents Available

 

Docket Entries

  • 03/04/2016
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  • DocketCASE MANAGEMENT CONFERENCE OF MAR-23-2016 CONTINUED TO SEP-21-2016 AT 10:30 AM IN DEPARTMENT 610 FOR STATUS REPORT RE BANKRUPTCY. NOTICE SENT BY COURT.

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  • 09/03/2015
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  • DocketCASE MANAGEMENT CONFERENCE OF SEP-23-2015 CONTINUED TO MAR-23-2016 AT 10:30 AM IN DEPARTMENT 610 FOR STATUS REPORT RE BANKRUPTCY. NOTICE SENT BY COURT.

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  • 03/23/2015
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  • DocketREMOVED FROM MASTER JURY CALENDAR ON APR-13-2015. ASSIGNED TO CASE MANAGEMENT DEPARTMENT 610 ON SEP-23-2015 AT 10:30 AM FOR CASE MANAGEMENT CONFERENCE FOR STATUS OF BANKRUPTCY STAY. NOTICE SENT BY COURT. (206)

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  • 03/10/2015
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  • DocketNOTICE OF STAY OF PROCEEDINGS REGARDING BANKRUPTCY (TRANSACTION ID # 56896842) FILED BY PLAINTIFF FLYNN AND ENSLOW, INC.

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  • 02/17/2015
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  • DocketSUBSTITUTION OF ATTORNEY, (TRANSACTION ID # 56783549): PRO PER SUBSTITUTED FOR FRITZ, WILLIAM FRANCIS AS ATTORNEY FOR WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH

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  • 12/10/2014
  • DocketMINI MINUTES FOR DEC-10-2014 09:30 AM FOR DEPT 302

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  • 12/10/2014
  • DocketLAW AND MOTION, 302, DEFENDANT DARREN WELTER, BOTH INDIVIDUALLY AND DBA CAL-FAB AND DBA DW WIRE CLOTH'S MOTION FOR SUMMARY ADJUDICATION IS DENIED IN ITS ENTIRETY. THE MOTION IS DENIED AS TO ISSUES 1-4. THERE IS A TRIABLE ISSUE OF MATERIAL FACT WHETHER PLAINTIFF AUTHORIZED DEFENDANT'S CONDUCT AND WHETHER DEFENDANT INTERFERED WITH PLAINTIFF'S CUSTOMER RELATIONSHIPS. THE MOTION IS DENIED AS TO ISSUES 5-8. THE DECLARATION OF SUSAN SALAMONE SHOWS THAT DEFENDANT PURCHASED PRODUCTS/EQUIPMENT ON PLAINTIFF'S BEHALF, BUT PLAINTIFF NEVER RECEIVED IT. THE TRIER OF FACT COULD INFER THE FRAUDULENT INTENT BASED ON DEFENDANT'S CONDUCT. THE COURT REJECTS THE STATUTE OF LIMITATIONS ARGUMENT. AT PAR. 12 OF THE SALMONE DEC., PLAINTIFF ATTACHES INVOICES FROM 2011 AND 2012 THAT SHOW THAT PLAINTIFF ALLEGEDLY PURCHASED SOME FRAMES BUT THEY WERE NEVER RECEIVED. THE MOTION IS DENIED AS TO ISSUE 9. THERE IS A TRIABLE ISSUE OF MATERIAL FACT REGARDING WHETHER THE CUSTOMER LIST QUALIFIES AS A TRADE SECRET. (SALAMONE DEC., PARS. 9-10). THE MOTION IS DENIED AS TO ISSUE 10. THERE IS A TRIABLE ISSUE OF MATERIAL FACT REGARDING WHETHER DEFENDANT SANCTIONED PLAINTIFF'S CONDUCT AND WHETHER PLAINTIFF IS ENTITLED TO AN ACCOUNTING. PREVAILING PARTY TO PREPARE A FORM OF ORDER. JUDGE: ERNEST H. GOLDSMITH; CLERK: CYNTHIA HERBERT; REPORTER: GISELLE CASEY, CSR #8098, TEL. NO. (415)717-9768 (302)

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  • 11/07/2014
  • DocketMINI MINUTES FOR NOV-07-2014 09:30 AM FOR DEPT 302

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  • 11/07/2014
  • DocketLAW AND MOTION 302, DEFENDANT DARREN WELTER'S MOTION FOR SUMMARY ADJUDICATION IS CONTINUED TO DECEMBER 10, 2014 AT 9:30 AM IN DEPT. 302, ON THE COURT'S MOTION. JUDGE: ERNEST H. GOLDSMITH, CLERK: CYNTHIA HERBERT, NOT REPORTED. (302)

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  • 10/30/2014
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  • DocketPROOF OF SERVICE OF REPLY PAPERS IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY ADJUDICATION (TRANSACTION ID # 56271237) FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH

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97 More Docket Entries
  • 05/13/2013
  • DocketLAW AND MOTION 302, DEMURRER TO COMPLAINT CONTINUED FROM MAY-28-2013 TO LAW AND MOTION AT JUN-14-2013, 9:30 AM IN DEPT. 302 PER AGREEMENT OF THE PARTIES.

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  • 04/12/2013
  • DocketCOURT REPORTING SERVICES LESS THAN 1 HOUR FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH (Fee:30.00)

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  • 04/12/2013
  • DocketMOTION TO STRIKE COMPLAINT FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH HEARING SET FOR MAY-28-2013 AT 09:30 AM IN DEPT 302 (Fee:NO FEE)

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  • 04/12/2013
  • DocketCOURT REPORTING SERVICES LESS THAN 1 HOUR FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH (Fee:30.00)

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  • 04/12/2013
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  • DocketREQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER

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  • 04/12/2013
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  • DocketMEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH

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  • 04/12/2013
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  • DocketDEMURRER TO COMPLAINT FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH HEARING SET FOR MAY-28-2013 AT 09:30 AM IN DEPT 302 (Fee:450.00)

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  • 03/07/2013
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  • DocketSUMMONS ON COMPLAINT FILED BY PLAINTIFF FLYNN AND ENSLOW, INC. SERVED FEB-19-2013, SUBSTITUTE SERVICE ON NATURAL PERSON ON DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH

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  • 02/13/2013
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  • DocketNOTICE TO PLAINTIFF

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  • 02/13/2013
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  • DocketBUSINESS TORT, COMPLAINT FILED BY PLAINTIFF FLYNN AND ENSLOW, INC. AS TO DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH DOES 1 TO 50 SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JUL-17-2013 PROOF OF SERVICE DUE ON APR-15-2013 CASE MANAGEMENT STATEMENT DUE ON JUL-02-2013 (Fee:450.00)

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Complaint Information

Darin T. Judd (SBN 160475) Eric D, McFarland (SBN 214245)

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO

FLYNN & ENSLOW, INC,, a California Case No CGC-13-528727 corporation,

| G POSED} ORDER DENYING

Plaintiff, #DEFENDANT DARREN WELTER’S

' MOTION TO STRIKE AND OVERRULING

V8. SAID DEFENDANT’S DEMURRER AS TO

‘ PLAINTIFF’S SECOND AMENDED

| DARREN WELTER, individually and doing COMPLAINT

business as CAL-FAB and DW WIRE CLOTH, and DOES 1 through 50, Date: May 14, 2014 ; Time: 9:30 a.m. Defendants. Dept: 302

Judge: The Heon. Ernest H. Goldsmith

Defendant’s Demurrer and Motion to Strike as to Plaintiff’s Second Amended Complaint came on for hearing in Department 302 of this Court on May \14, 2014, with no party requesting oral argument, the Honorable Emest H. Goldsmith presiding:

Having read and considered all papers filed by the parties in support of and in opposition to the demurrer and motion to strike, the Court hereby affirms the tentative ruling of this Court.

IT IS ORDERED THAT:

1. = Motion to Strike

Denied. Defendant's request for judicial notice is granted as to Ex}:zibifs A-C and H, and denied | as to all other exhibits, Plaintiff's request fof judicial notice is gréntbd as to Exhibit A. The declarations

Denied. Defendant's request for judicial notice is granted as to Ex}:zibifs A-C and H, and denied | as to all other exhibits, Plaintiff's request fof judicial notice is gréntbd as to Exhibit A. The declarations and attached exhibits submitted by both parties were not considered in ruling on this motion to strike, as e;mofidn to strike can only be used to challenge defects that appear on the face of the pleading or matters that are judicially noticeable. (CCP sec. 437(a).) Although Pigintiff amended its complaint beyond the 10 days allowed in this Court's previous order, it serves judicial economy to allow the amendments to stand. Defendant has not shown that he is prejudiced by the untimely amendment. There is no trial date set. Therefore, if Plaintiff would have sought leave to amend after the 10 days expired, such relief would have been granted, given the strong policy of liberally allowing amendments to pleadihgs. (See e.g., Morgan v. Sup. Ct. (1959) 172 Cal. App.2d 527, 530.) Defendant's motion to strike the references in the Second Amended Complaint to Defendant being a vice president or executive is also denied. An individval could hold the titles of operatiofis manager, vice president, and executive at the same time.

and attached exhibits submitted by both parties were not considered in ruling on this motion to strike, as e;mofidn to strike can only be used to challenge defects that appear on the face of the pleading or matters that are judicially noticeable. (CCP sec. 437(a).) Although Pigintiff amended its complaint beyond the 10 days allowed in this Court's previous order, it serves judicial economy to allow the amendments to stand. Defendant has not shown that he is prejudiced by the untimely amendment. There is no trial date set. Therefore, if Plaintiff would have sought leave to amend after the 10 days expired, such relief would have been granted, given the strong policy of liberally allowing amendments to pleadihgs. (See e.g., Morgan v. Sup. Ct. (1959) 172 Cal. App.2d 527, 530.) Defendant's motion to strike the references in the Second Amended Complaint to Defendant being a vice president or executive is also denied. An individval could hold the titles of operatiofis manager, vice president, and executive at the same time.

2. Demurrer

Overruled. 'Defendant‘s request for judicial notice is granted as to Exhibits A-C and H, and -1 denied as to all other exhibits. Plaintiff's request for judicial notice is granted as to Exhibit A. The 'déclax"atio'ns and attached exhibits submitted by both parties were not considered in ruling on this demurrer, as 2 demurrer can only be used to ché}lenge defects that appear on the face of the pleading or matters that are judicially noticeable. (Blank v. Kirwan (1985) .39 Cal,3d 311, 318.) As to the first and second causes of action, the Second Amended Complaint ("SAC") adequately pleads the elements of intentional and negligent interference with prospective business advantage and the allegations are not impermissibly inconsistent with earlier pleadings. As to the thitd cause of action for fraud, the SAC adequately pleads justifiable reliance with the réquisite specificity. (SAC, par. 43.) 3. Amswer |

Accordingly, per CRC 3. 1320(3}, Defendant is to file an answer within 10 days of service of

notxceofentryofthls Order. #&Wétflf’q éé’b’}?fit‘/ fi?L/:?d a5 o - 5/ o0ty ,/ Jfiq/w& #© W”Wfi’“ zaza}‘t‘/‘ mp ' tg otc ea,f?;f of 7)”73% &m’f/‘ af%&;" wsks” Jae Lvor

{ [PROPOSED] ORDER DENYING DEFENDANT DARREN WELTER’S MOTION TO STRIKE AND OVERRULING SAID DEFENDANT’S DEMURRER AS TO PLAINTIFE’S SECOND AMENDED COMPLAINT -

Approvcd‘ as conforming to the Court’s order.

Fritz Law Qffices

William F. Fri q. . Attorneys for Defendant Darren Welter

Dated: /%I y /3! o 2014 By: % i

Tentative Rulings

Case Number:*******8727
Case Title:FLYNN AND ENSLOW, INC. VS. DARREN WELTER et al
Court Date:NOV-22-2013 09:30 AM
Calendar Matter:Defendant Darren Welter'S Demurrer To 1st Amended Complaint
Rulings:Matter on calendar for Friday, November 22, 2013, Line 18: Defendant Darren Welter's Demurrer To 1st Amended ComplaintDefendant's demurrer to Plaintiff's First Amended Complaint ("AC") is sustained in part and overruled in part. Defendant's Request for Judicial Notice is granted as to Exhibits A and B under Evid. Code u00A7 452(d). Judicial Notice is granted to Exhibits C-G only to the extent that the documents exist and the parties involved. The content of the documents is are not capable of immediate and accurate determination under Evid. Code u00A7 452(h). The Court vacates its Order of July 17, 2013, as the Register of Actions shows that Plaintiff filed the AC on July 16, 2013 as a matter of right under CCP u00A7 472.Defendant's demurrer to each cause of action on statue of limitations grounds is overruled. Plaintiff alleges facts that it did not discover Defendant's alleged wrongful conduct until Defendant met with Kim Fox-Yoder and an outside accountant on or around July 2012 and Defendant returned his work laptop. (AC 23-25.) Defendant's demurrer on the grounds that Plaintiff' failed to allege sufficient facts to state a claim is sustained with leave to amend as to the first, second, and third causes of action, and overruled as to the Fourth, Fifth and Sixth causes of action. As to the first and second causes of action, Plaintiff fails to allege sufficient facts that Plaintiff had economic relationships with third parties that were disrupted. Plaintiff is given 10 days leave to plead facts, if it can so in good faith, regarding the third party or parties that Defendant misdirected business from and the business relationships Defendant disrupted. As to the third cause of action, Plaintiff fails to plead facts with the requisite specificity required for a fraud claim. Plaintiff is given 10 days leave to amend, if it can do so in good faith, to plead facts regarding Defendant's intent to induce Plaintiff's reliance and Plaintiff's substantial reliance. Defendant's demurrer to the fourth, fifth, and sixth causes of action are overruled as Plaintiff has pled sufficient facts to state a claim.Defendant's demurrer to each cause of action on the grounds of uncertainty is overruled as the facts allow Defendant to reasonably determine what issues must be admitted or denied, or what counts or claims are directed against him. (See Khoury v. Maly's of Calif., Inc. (1993) 14 Cal.App.4th 612, 616.)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 prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if pro per in the top left of the first page of proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the motion is not opposed or the tentative ruling is not contested. =302/EHG


Case Number:*******8727
Case Title:FLYNN AND ENSLOW, INC. VS. DARREN WELTER et al
Court Date:NOV-21-2013 09:30 AM
Calendar Matter:DEMURRER TO 1ST AMENDED COMPLAINT
Rulings:Matter on calendar for Thursday, November 21, 2013, Line 11: Defendant DARREN WELTER'S DEMURRER TO 1ST AMENDED COMPLAINTContinued on the Court's own motion to November 22, 2013. 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. =302/MJM


Case Number:*******8727
Case Title:FLYNN AND ENSLOW, INC. VS. DARREN WELTER et al
Court Date:OCT-21-2013 09:30 AM
Calendar Matter:DEMURRER TO 1ST AMENDED COMPLAINT
Rulings:Set for hearing on Monday, October 21, 2013, Line 15, DEFENDANT DARREN WELTER's DEMURRER TO 1ST AMENDED COMPLAINT.Continued on the Court's own motion to November 21, 2013. 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. =(302/MJM)


Case Number:*******8727
Case Title:FLYNN AND ENSLOW, INC. VS. DARREN WELTER et al
Court Date:JUL-17-2013 09:30 AM
Calendar Matter:MOTION TO STRIKE COMPLAINT
Rulings:Matter on Calendar for Wednesday, July 17, 2013, Line 18, DEFENDANT DARREN WELTER's MOTION TO STRIKE COMPLAINT.Granted with leave to amend. No opposition filed. 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 prevailing party is required to prepare a proposed order with the name and address of the prevailing party's counsel or the prevailing party if pro per in the top left of the first page of proposed order which repeats verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing or email it to contestdept302tr@sftc.org prior to the hearing even if the motion is not opposed or the tentative ruling is not contested. =(302/EHG)


Case Number:*******8727
Case Title:FLYNN AND ENSLOW, INC. VS. DARREN WELTER et al
Court Date:JUN-14-2013 09:30 AM
Calendar Matter:DEMURRER TO COMPLAINT
Rulings:Set for hearing on Friday, June 14, 2013, Line 16, DEFENDANT DARREN WELTER'S DEMURRER TO COMPLAINTContinued to July 17, 2013 pursuant to agreement of all parties. =302/MJM


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