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

  • Court:

    San Francisco County Superior Courts

  • Courthouse:

    Civic Center Courthouse

  • 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

MEMORANDUM OF POINTS AND AUTHORITIES

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF JUL-17-2013 CONTINUED TO AUG-28-2013 AT 10:30 AM IN DEPARTMENT 610. NOTICE SENT BY COURT.

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH JURY DEMANDED

ORDER

ORDER RE: DEFENDANT'S DEMURRER AND MOTION TO STRIKE AS TO PLAINTIFF'S FIRST AMENDED COMPLAINT

Notice of Entry of Judgment or Order

NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED DENYING MOTION TO STRIKE AND OVERRULING DEMURRER TO SECOND AMENDED COMPLAINT (TRANSACTION ID # 55496096) FILED BY PLAINTIFF FLYNN AND ENSLOW, INC.

Notice of Defendants Motion for Summary Adjudication and Proof of Service

MOTION FOR SUMMARY ADJUDICATION, PROOF OF SERVICE (TRANSACTION ID # 55795402) FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH HEARING SET FOR NOV-07-2014 AT 09:30 AM IN DEPT 302 (Fee:500.00)

Darren Welter Substitution of Attorney

SUBSTITUTION 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

Notice of Stay of Proceedings

NOTICE OF STAY OF PROCEEDINGS REGARDING BANKRUPTCY (TRANSACTION ID # 56896842) FILED BY PLAINTIFF FLYNN AND ENSLOW, INC.

Order Continuing Case Management Conference

CASE 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.

REQUEST FOR JUDICIAL NOTICE

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER

Second Amended Complaint for: (1) Intentional Interference with Prospective Business Advantage; (2) Negligent Interference with Prospective Business Advantage; (3) Fraud; (4) Conversion; (5) Misappropriation of Trade Secrets; and (6) An Accounting

2ND AMENDED COMPLAINT (TRANSACTION ID # 54924342) 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

Defendants Notice of Demurrer and Demurrer Filed Concurrently with Motion to Strike as to Plaintiffs Second Amended Complaint and Proof of Service

DEMURRER TO 2ND AMENDED COMPLAINT, PROOF OF SERVICE (TRANSACTION ID # 55121845) FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH HEARING SET FOR APR-10-2014 AT 09:30 AM IN DEPT 302 (Fee:60.00)

Declaration of Eric D. McFarland in Support of Plaintiff Flynn & Enslow, Inc.s Opposition to Defendants Demurrer and Motion to Strike as to Plaintiffs Second Amended Complaint

DECLARATION OF ERIC D. MCFARLAND IN SUPPORT OF PLAINTIFF FLYNN ENSLOW, INC.S OPPOSITION TO DEFENDANTS DEMURRER AND MOTION TO STRIKE AS TO PLAINTIFFS SECOND AMENDED COMPLAINT (TRANSACTION ID # 55214896) FILED BY PLAINTIFF FLYNN AND ENSLOW, INC.

Reply Declaration of William F. Fritz In Support of Defendants Demurrer and Motion to Strike as to Plaintiffs Second Amended Complaint

REPLY DECLARATION OF WILLIAM F. FRITZ IN SUPPORT OF DEFENDANTS DEMURRER AND MOTION TO STRIKE AS TO PLAINTIFFS SECOND AMENDED COMPLAINT (TRANSACTION ID # 55244304) FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH

ORDER

ORDER DENYING DEFENDANT DARREN WELTER'S MOTION TO STRIKE AND OVERRULING SAID DEFENDANT'S DEMURRER AS TO 2ND AMENDED COMPLAINT

Case Management Statement

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 55604656) FILED BY PLAINTIFF FLYNN AND ENSLOW, INC. JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 10.0 DAYS

Notice of Court Reporter Fee RE Defendants Motion for Summary Adjudication

COURT REPORTING SERVICES LESS THAN 1 HOUR (TRANSACTION ID # 55795402) FILED BY DEFENDANT WELTER, DARREN INDIVIDUALLY AND DBA AS CAL-FAB AND DW WIRE CLOTH (Fee:30.00)

Request for Judicial Notice in Support of Defendants Motion for Summary Adjudication, including Exhibits A through E , inclusive

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION FOR SUMMARY ADJUDICATION (TRANSACTION ID # 55795402)

61 More Documents Available

 

Docket Entries

  • 03/04/2016
  • View Court Documents
  • CASE 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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  • CASE 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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  • REMOVED 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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  • NOTICE 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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  • SUBSTITUTION 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
  • MINI MINUTES FOR DEC-10-2014 09:30 AM FOR DEPT 302

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  • 12/10/2014
  • LAW 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
  • MINI MINUTES FOR NOV-07-2014 09:30 AM FOR DEPT 302

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  • 11/07/2014
  • LAW 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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  • 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

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97 More Docket Entries
  • 05/13/2013
  • LAW 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
  • COURT 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
  • MOTION 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
  • COURT 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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  • REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER

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  • 04/12/2013
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  • MEMORANDUM 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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  • DEMURRER 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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  • SUMMONS 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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  • NOTICE TO PLAINTIFF

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  • 02/13/2013
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  • BUSINESS 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

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{ [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