This case was last updated from San Mateo County Superior Courts on 07/20/2018 at 11:55:38 (UTC).

PARAGON RESORTS INC VS RICHARD MICHAEL KELLY ETAL

Case Summary

On 11/15/2012 PARAGON RESORTS INC filed a Contract - Professional Negligence lawsuit against RICHARD MICHAEL KELLY ETAL. This case was filed in San Mateo County Superior Courts, Southern Branch Hall Of Justice And Records located in San Mateo, California. The Judges overseeing this case are Bergeron, Joseph E, Novak, Lisa A and Novak, Lisa A.. The case status is Disposed - Other Disposed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *****8043

  • Filing Date:

    11/15/2012

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Contract - Professional Negligence

  • Court:

    San Mateo County Superior Courts

  • Courthouse:

    Southern Branch Hall Of Justice And Records

  • County, State:

    San Mateo, California

Judge Details

Judges

Bergeron, Joseph E

Novak, Lisa A

Novak, Lisa A.

 

Party Details

Plaintiffs

PARAGON RESORTS INC

TML II LLC

TML DEVELOPMENT IILLC

TML II LLC A WASHINGTON LIMITED LIABILITY COMPANY

Defendants

RICHARD MICHAEL KELLY

KELLY LITIGATION GROUP INC

KELLY LITIGATION GROUP INC A CALIFORNIA CORPORATION

KELLY, RICHARD MICHAEL

Attorney/Law Firm Details

Plaintiff Attorney

HOFFMAN, JASON L

Defendant Attorney

STROMEYER, KAREN K

 

Court Documents

Notice.

NOTICE (2) Comment N2: NOTICE OF ENTRY OF ORD SUSTAINING DEFTS DEMURRER TO COMPLAINT OF PARAGON RESORTS INC FILED BY RICHARD MICHAEL KELLY KELLY LITIGATION GROUP INC.

Reply Filed.

REPLY Comment REPLY: REPLY TO R. KELLY/KELLY LIT.IN SUPPORT OF DEMURRER FILED.

Opposition.

OPPOSITION Comment OPP: OPPOSITION TO DEMURRER OF DEFENDANTS FILED BY PARAGON RESORTS INC TML II LLC, TML DEVELOPMENT IILLC

Notice.

NOTICE Comment N: NOTICE OF POSTING JURY FEES FILED BY RICHARD MICHAEL KELLY KELLY LITIGATION GROUP INC.

Case Management Statement.

STATEMENT (2) Comment CMS: CASE MANAGEMENT STATEMENT FILED BY RICHARD MICHAEL KELLY KELLY LITIGATION GROUP INC.

Order received.

PROPOSED ORDER Comment POR: PROPOSED ORDER RECEIVED.

Request.

REQUEST Comment REQ: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO COMPLAINT.

Proof of Service of Complaint/Petition.

PROOF OF SERVICE (2) Comment PSBC: PROOF OF PERSONAL SERVICE OF SUMMONS AND COMPLAINT OF PARAGON RESORTS INC SERVED ON KELLY LITIGATION GROUP INC BY SERVING RICHARD KELLY AGENT FOR SERVICE WITH SERVICE DATE OF 01/10/13

Summons Issued / Filed.

SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

Conversion Action.

MEMO OF COSTS Comment MC: MEMO FOR COSTS IN THE AMOUNT OF $900.00 FILED BY RICHARD MICHAEL KELLY

Conversion Action.

NOTICE (3) Comment NOEJ: NOTICE OF ENTRY OF JUDGMENT FILED. DATE OF MAILING TO ALL PARTIES 07/17/13.

Conversion Action.

JUDGMENT Comment JEAS: JUDGMENT ENTERED ON 07/15/13 AS FOLLOWS:

Request.

REQUEST (2) Comment REQ: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO DEMURRER OF DEFENDANTS.

Conversion Hearing.

CMC NOTICE Comment CASE MANAGEMENT CONFERENCE

Memorandum of Points & Authorities Filed.

MEMO Comment MPA: MEMORANDUM OF POINTS AND AUTHORITIES FILED BY RICHARD MICHAEL KELLY KELLY LITIGATION GROUP INC IN SUPPORT OF DEMURRER TO COMPLAINT

Proof of Service of Complaint/Petition.

PROOF OF SERVICE Comment PS: PROOF OF SERVICE (PERSONAL) OF SUMMONS AND COMPLAINT OF PARAGON RESORTS INC SERVED ON RICHARD MICHAEL KELLY WITH SERVICE DATE OF 01/11/13.

Civil Case Cover Sheet.

COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

Complaint.

COMPLAINT Comment COM: (S) COMPLAINT FILED

9 More Documents Available

 

Docket Entries

  • 06/05/2013
  • Disposition: Judgment; Judgment Type; Dismissal - Other Dismissal; Converted Disposition; 0001 COMPLAINT.

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  • 07/15/2013
  • Disposition: Judgment; Judgment Type; Conversion Judgment; Judgment - Monetary Award; Awarded To: KELLY RICHARD MICHAEL; KELLY LITIGATION GROUP INC A CALIFORNIA CORPORATION; Awarded Against: PARAGON RESORTS INC; TML II LLC A WASHINGTON LIMITED LIABILITY COMPANY; TML DEVELOPMENT IILLC; Comment: JUDGMENT ENTERED 07/15/13 JUDGMENT AGAINST PARAGON RESORTS INC, TML II LLC, TML DEVELOPMENT IILLC. JUDGMENT ENTERED ON COMPLAINT OF PARAGON RESORTS INC FOR RICHARD MICHAEL KELLY, KELLY LITIGATION GROUP INC JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS RICHARD KELLY AND KELLY LITIGATION GROUP AND THAT PLAINTIFFS SHALL TAKE NOTHING FROM THESE DEFENDANTS.

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  • 08/14/2013
  • Conversion Hearing. Additional Info: Comment CASE MANAGEMENT CONFERENCE

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  • 08/14/2013
  • Case Management Conference. Additional Info: Hearing Time 9:00 AM Cancel Reason Vacated Comment Dept: 7 CASE MANAGEMENT CONFERENCE

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  • 08/02/2013
  • View Court Documents
  • Conversion Action. Additional Info: MEMO OF COSTS Comment MC: MEMO FOR COSTS IN THE AMOUNT OF $900.00 FILED BY RICHARD MICHAEL KELLY

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  • 07/29/2013
  • View Court Documents
  • Conversion Action. Additional Info: NOTICE (3) Comment NOEJ: NOTICE OF ENTRY OF JUDGMENT FILED. DATE OF MAILING TO ALL PARTIES 07/17/13.

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  • 07/15/2013
  • Conversion Minute. Additional Info: Comment FFT: THAT PLAINTIFFS SHALL TAKE NOTHING FROM THESE DEFENDANTS.

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  • 07/15/2013
  • Conversion Minute. Additional Info: Comment FFT: JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS RICHARD KELLY AND KELLY LITIGATION GROUP AND

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  • 07/15/2013
  • Conversion Minute. Additional Info: Comment JFO: JUDGMENT ENTERED ON COMPLAINT OF PARAGON RESORTS INC FOR RICHARD MICHAEL KELLY KELLY LITIGATION GROUP INC

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  • 07/15/2013
  • Conversion Minute. Additional Info: Comment JAG: JUDGMENT AGAINST PARAGON RESORTS INC TML II LLC, TML DEVELOPMENT IILLC.

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80 More Docket Entries
  • 12/17/2012
  • Conversion Action. Additional Info: Comment *620*: HCMC1I CALENDARED ON 04/25/13 IN DEPT. 21. HAS BEEN UPDATED TO 04/25/13 IN DEPT. 13.

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  • 11/15/2012
  • Cause Of Action. Additional Info: Action Complaint File Date 11/15/2012

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  • 11/15/2012
  • New Filed Case.

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  • 11/15/2012
  • View Court Documents
  • Civil Case Cover Sheet. Additional Info: COVERSHEET Comment CCS: CIVIL CASE COVERSHEET RECEIVED

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  • 11/15/2012
  • View Court Documents
  • Summons Issued / Filed. Additional Info: SUMMONS Comment S30IF: 30 DAY SUMMONS ISSUED AND FILED.

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  • 11/15/2012
  • Conversion Minute. Additional Info: Comment *FEE: 121115-0416-CK 194/ 435.00 PAYMT

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  • 11/15/2012
  • View Court Documents
  • Complaint. Additional Info: COMPLAINT Comment COM: (S) COMPLAINT FILED

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  • 11/15/2012
  • Financial info for PARAGON RESORTS INC : Case Payment Receipt # 201211150416 PARAGON RESORTS INC $435.00

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  • 11/15/2012
  • Financial info for PARAGON RESORTS INC : Transaction Assessment $435.00

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  • 11/15/2012
  • Financial: PARAGON RESORTS INC; Total Financial Assessment $435.00; Total Payments and Credits $435.00

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Complaint Information

Timothy J, Hallrari - 104498

Karen K. Stromeyer - 245712 .

MURPHY, PEARSON, BRADLEY & FEENEY 88 Kearny Street, 10th Floor

San Francisco, CA 94108-5530

Tel: (415) 788-1900

Fax: (415)393-8087

Attorneys for Defendants

RICHARD KELLY AND KELLY

LITIGATION GROUP, INC.

FILED SAN MATEO COUNTY

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO

PARAGON RESORTS, INC., a Washington corporation; TML II LLC; a Washington limited liability company doing business in California as TML DEVELOPMENT II LLC,

Plaintiffs, V. RICHARD MICHAEL KELLY, an individual; KELLY LITIGATION GROUP, INC., a California corporation; and DOES 1 through 10, inclusive,

Defendants.

Case No. CIV 518043

DEFENDANTS RICHARD KELLY AND KELLY LITIGATION GROUP’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO

COMPLAINT OF PARAGON RESORTS,

INCAND TMLII LLC

May 29, 2013

9:00 a.m.

Law and Motion

Hon. V. Raymond Swope

Date: Time: Dept: Judge:

Complaint Filed: Trial Date:

November 15, 2012 Not Assigned

BY FAX

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

Pursuant to California Evidence Code sections 452 and 453 Defendants Richard Kelly and

Kelly Litigation Group, Inc. respectfully requests that the Court take Judicial Notice of the following:

1. The Complaint for Damages in the matter entitled TML Development II LLC v. Layton

Construction Co., Inc., et al., Case No. 11-CV-7298, filed on May 6, 2011 in the Superior Court of

California, County of Alpine, a true and correct copy of which is attached hereto as Exhibit A.

DEFENDANTS RICHARD KELLY AND KELLY LITIGATION GROUP’S REQUEST FOR JUDICIAL NOTICE IN

2. The First Amended Complaint for Damfiges in the matter entitled TML Development II LLC v. Layton Construction Co., Inc., et al., Case No. 11-CV-7298, filed on July 12, 2011 in the Superior Court of California, County of Alpine, a true and correct copy of which is attached hereto as Exhibit B,

3. The Docket of the United States Bankruptcy Court for the Western District of Washington at Seattle for the matter entitled In Re TML Development LLC, Case No. 09-11478- KAOQ, a true and correct copy of which is attached heret;) as Exhibit C,

4, A copy of the Voluntary Petition for relief under Chapter 11 of the United States Bankruptcy Code filed on behalf of TML Development LLC on May 8, 2009 in the United States Bankruptcy Court for the Western District of Washington at Seattle, in the matter entitled /In Re TML Development LLC, Case No. 09-11478-KAOQ, a true and correct copy of which is attached hereto as Exhibit D. | >

5. A copy of the Order dismissing Case and Directing Disbursement of Funds filed on December 18, 2009 in the United States Bankruptcy Court for the Western District of Washington at Seattle, in the matter entitled In Re TML Development LLC, Case No. 09-11478-KAQ, a true and correct copy of which is attached hereto as Exhibit E.

6. The Docket of the United States Bankruptcy Court for the Eastern District of California at Sacramento for the matter entitled In Re TML Development LLC, Case No. 10-20088- | C-11, a true and correct copy of which is attached hereto as Exhibit F.

7. A copy of the Voluntary Petition for relief under Chapter 11 of the United States Bankruptcy Code filed on behalf of TML Development LLC on January 4, 2010 in the matter entitled In Re TML Development LLC, Case No. 10-20088-C-11, a true and correct copy of which is attached hereto as Exhibit G.

8. A copy of the Order Approving Debtor’s Third Amended Plan of Reorganization dated January 3, 2011 (as modified) filed on February 25, 2011 in the matter entitled /n Re TML Development LLC, Case No. 10-20088-C-11, a true and correct copy of which is attached hereto as Exhibit H.

9. A copy of the Order Closing Case in the matter entitled In Re TML Development LLC,

DEFENDANTS RICHARD KELLY AND KELLY LITIGATION GROUP’S REQUEST FOR JUDICIAL NOTICEIN

Case No. 10-20088-C-11, a true and correct copy of which is attached hereto as Exhibit I.

10. The Notice of Ruling on Demurrer to TML Development II LLC’s First Amended Complaint in the matter entitled TML Development II LLC v. Layton Construction Co., Inc., et al., Case No. 1 1-CV-7298., filed on November 28, 2011 in the Superior Court of California, County of | Alpine, a true and correct copy of which is attached hereto as Exhibit J.

Code of Evidence section 452 states that “judicial notice may be taken of the following matters to the extent that they are not embraced within Section 451... (d) Records of (1) any court of this state or (2) any court of record of the United States or of any state of the United States. (Evid. Code §

452(d).)

Respectfully Submitted,

DATED: February 11,2013 MURPHY, PEARSON, BRADLEY & FEENEY

By M_ Timothy J. Halloran :

Karen K. Stromeyer

Attorneys for Defendants

RICHARD MICHAEL KELLY AND KELLY

LITIGATION GROUP, INC.

20533310.doc

24| FIRST CAUSE OF ACTION

25 | (Breach of Contract as to Layton and Does 1 to 50)

26 19. Plaintiff incorporates by reference as though fully set forth herein, each and every 27 jallegation contained in paragraphs 1 through 8, inclusive.

26 19. Plaintiff incorporates by reference as though fully set forth herein, each and every 27 jallegation contained in paragraphs 1 through 8, inclusive. Kully Litigation Grovp

Kully Litigation Grovp

APOC