On January 09, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Cen Cal Builders & Developers, Inc.,
Hageman, David Anthony,
Phelen, Tommy,
Tgp Investments, Llc,
and
Cazaly, Jeff,
Jeff Cazaly Consulting,
for 06 Unlimited - Breach of Contract/Warranty
in the District Court of Fresno County.
Preview
Matthew W. Quall, #1 83759
Matthew R. Dardenne, #281489
Quall Cardot LLP
205
E-FILED
E. River Park Circle, Suite 110
4/12/2018 2:15 PM
Fresno, California 93720
FRESNO COUNTY SUPERIOR COURT
Telephone: (559) 418-0333
By: I. Herrera, Deputy
Facsimile: (559) 418-0330
Attorneys for Defendants, Jeff Cazaly, an individual and
Jeff Cazaly Consulting
SUPERIOR COURT OF CALIFORNIA
COUNTY OF FRESNO
10 TOMMY PHELEN, an individual; DAVID N0. 18CECG00097
ANTHONY HAGEMAN, an individual;
11 TGP INVESTMENTS, LLC, a California DEFENDANTS JEFF CAZALY AND JEFF
corporation; and CEN CAL BUILDERS, CAZALY CONSULTING’S NOTICE 0F
12 INC., a California corporation doing MOTION AND MOTION TO STRIKE
business as PHELEN INVESTMENTS, PLAINTIFFS’ FIRST AMENDED
13 COMPLAINT
Plaintiffs,
14
V. Date: June 5, 2018
15 Time: 3:30 pm.
JEFF CAZALY, an individual; JEFF Dept.:502
16 CAZALY CONSULTING; and DOES 1 Judge: Donald Black
through 20,
17
Defendants.
18
19 PLEASE TAKE NOTICE that 0n June 5, 2018 at 3:30 p.m. or as soon thereafier as the
20 matter may be heard, in Department 502 0f the above-referenced Court, located at 1130 O Street,
21 Fresno, California, Defendants, JEFF CAZALY, an individual and JEFF CAZALY
22 CONSULTING (hereinafter collectively “Defendants”) will, and hereby does move this Court for
23 an order striking the following portions 0f the Unverified First Amended Complaint (“FAC”)
24 filed by Plaintiffs TOMMY PHELEN, an individual; DAVID ANTHONY HAGEMAN, an
25 individual; TGP INVESTMENTS, LLC, sued erroneously as a California corporation; and CEN
26 CAL BUILDERS, INC. a California corporation, dba PHELEN INVESTMENTS (hereinafter
27 collectively “P1aintiffs”)
28 ///
1
NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFFS’ FIRST AMENDED COMPLAINT
1. Paragraph 4 0f Plaintiff’s Prayer for Relief Which calls for time and money
properly expended in pursuit of their rights, which in effect isa request for attorneys’ fees.
2. Paragraph 5 0f Plaintiffs Prayer for Relief which calls for punitive and exemplary
damages against all Defendants
The Motion to Strike Will be based on this Notice of Motion and Motion, the
Memorandum of Points and Authorities in support thereof, the papers and pleadings 0n file in this
action, and such other and further oral and documentary evidence as may be presented at the
DOOQQ
hearing 0n this matter.
Fresno offers tentative rulings pursuant to California Rule of Court, Rule 3.1308(a)(2).
10 Tentative rulings will be posted afler 3:00 p.m., Monday t0 Friday, the court day before the
11 scheduled hearing. Tentative rulings can be obtained online at
12 http://www.fresno.courts.ca.gov/tentative rulings/law motionphp or by calling (559) 457-6319.
13
14 Dated: April 17;, 2018 QUALL CARDOT LLP
15
16
17
Matthew W. Quall
18 Matthew R. Dardenne
Attomeys for Defendants, JEFF
19 CAZALY, an individual and JEFF
CAZALY CONSULTING
20
21
22
23
24
25
26
27
28
2
NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFFS’ FIRST AMENDED COMPLAINT
Document Filed Date
April 12, 2018
Case Filing Date
January 09, 2018
Category
06 Unlimited - Breach of Contract/Warranty
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Matthew W. Quall, #1 83759 Matthew R. Dardenne, #281489 Quall Cardot LLP 205 E-FILED E. River Park Circle, Suite 110 4/12/2018 2:15 PM Fresno, California 93720 FRESNO COUNTY SUPERIOR COURT Telephone: (559) 418-0333 By: I. Herrera, Deputy Facsimile: (559) 418-0330 Attorneys for Defendants, Jeff Cazaly, an individual and Jeff Cazaly Consulting SUPERIOR COURT OF CALIFORNIA COUNTY OF FRESNO 10 TOMMY PHELEN, an individual; DAVID N0. 18CECG00097 ANTHONY HAGEMAN, an individual; 11 TGP INVESTMENTS, LLC, a California DEFENDANTS JEFF CAZALY AND JEFF corporation; and CEN CAL BUILDERS, CAZALY CONSULTING’S NOTICE 0F 12 INC., a California corporation doing MOTION AND MOTION TO STRIKE business as PHELEN INVESTMENTS, PLAINTIFFS’ FIRST AMENDED 13 COMPLAINT Plaintiffs, 14 V. Date: June 5, 2018 15 Time: 3:30 pm. JEFF CAZALY, an individual; JEFF Dept.:502 16 CAZALY CONSULTING; and DOES 1 Judge: Donald Black through 20, 17 Defendants. 18 19 PLEASE TAKE NOTICE that 0n June 5, 2018 at 3:30 p.m. or as soon thereafier as the 20 matter may be heard, in Department 502 0f the above-referenced Court, located at 1130 O Street, 21 Fresno, California, Defendants, JEFF CAZALY, an individual and JEFF CAZALY 22 CONSULTING (hereinafter collectively “Defendants”) will, and hereby does move this Court for 23 an order striking the following portions 0f the Unverified First Amended Complaint (“FAC”) 24 filed by Plaintiffs TOMMY PHELEN, an individual; DAVID ANTHONY HAGEMAN, an 25 individual; TGP INVESTMENTS, LLC, sued erroneously as a California corporation; and CEN 26 CAL BUILDERS, INC. a California corporation, dba PHELEN INVESTMENTS (hereinafter 27 collectively “P1aintiffs”) 28 /// 1 NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFFS’ FIRST AMENDED COMPLAINT 1. Paragraph 4 0f Plaintiff’s Prayer for Relief Which calls for time and money properly expended in pursuit of their rights, which in effect isa request for attorneys’ fees. 2. Paragraph 5 0f Plaintiffs Prayer for Relief which calls for punitive and exemplary damages against all Defendants The Motion to Strike Will be based on this Notice of Motion and Motion, the Memorandum of Points and Authorities in support thereof, the papers and pleadings 0n file in this action, and such other and further oral and documentary evidence as may be presented at the DOOQQ hearing 0n this matter. Fresno offers tentative rulings pursuant to California Rule of Court, Rule 3.1308(a)(2). 10 Tentative rulings will be posted afler 3:00 p.m., Monday t0 Friday, the court day before the 11 scheduled hearing. Tentative rulings can be obtained online at 12 http://www.fresno.courts.ca.gov/tentative rulings/law motionphp or by calling (559) 457-6319. 13 14 Dated: April 17;, 2018 QUALL CARDOT LLP 15 16 17 Matthew W. Quall 18 Matthew R. Dardenne Attomeys for Defendants, JEFF 19 CAZALY, an individual and JEFF CAZALY CONSULTING 20 21 22 23 24 25 26 27 28 2 NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFFS’ FIRST AMENDED COMPLAINT