Preview
126412 | 330136
Brian K. Stewart, Esq. | Najaf Shah, Esq.
Collins + Collins LLP
790 E. Colorado Blvd., Suite 600
Pasadena CA 91101
626-243-1100 626-243-1111
bstewart@ccllp.law | nshah@ccllp.law
CHRISTINA J. KENNEDY and CKG ENVIRONMENTAL, INC.
SONOMA
3055 Cleveland Avenue
3055 Cleveland Avenue
Santa Rosa, 95403
Civil and Family Law Courthouse
VANQUISH ENVIRONMENTAL & ENGINEERING,
BAYWOOD, LLC; et al.
X
SCV-273320
April 11, 2024 3:00p.m. 19
X Najaf Shah, Esq.
X CHRISTINA J. KENNEDY and CKG ENVIRONMENTAL, INC.
X Plaintiff's
complaint alleges the following causes of action: (1) Breach of Contract; (2) Fraud; (3) Negligent Misrepresentation;
(4) Negligence; (5) Defamation; (6) Foreclosure on Mechanic's Lien; (7) Common Count; and (8) Quantum Meruit.
VANQUISH ENVIRONMENTAL & ENGINEERING,
BAYWOOD, LLC; et al. SCV-273320
Defendants CKG and Kennedy were environmental consultant and construction manager to Baywood and its principals, defendants Coombs
and O'Brien. Plaintiff was retained by CKG as a subcontractor to clear, treat and remove hazardous waste and clean soil from Baywood's
project in Petaluma. Kennedy was not a party to any contract but was rather a principal in CKG. Cross-complaint by NAME was filed on
9/18/2023. Defendants CKG and Kennedy deny all liability.
X
X
Defendants CHRISTINA J. KENNEDY and CKG ENVIRONMENTAL, INC.
X
Plaintiff/Cross-Defendants currently have a demurrer and motion to strike on calendar as well as a motion on
Discovery dispute
See attached list
X Approximately Seven (7) court days
X
X
X
Amount in controversy exceeds
jurisdictional amount.
VANQUISH ENVIRONMENTAL & ENGINEERING, INC.
BAYWOOD, LLC; et al. SCV-273320
X
X
X
X
VANQUISH ENVIRONMENTAL & ENGINEERING,
BAYWOOD, LLC; et al. SCV-273320
X Berkley Specialty Underwriting
X
X
Defendants CHRISTINA J. KENNEDY and CKG ENVIRONMENTAL, INC. intend to file a Motion for Summary
Judgment, or in the alternative, Motion for Summary Adjudication as well as appropriate pretrial motions in limine.
CKG/Kennedy Written Discovery Per Code
CKG/Kennedy Depositions Per Code
CKG/Kennedy Expert Discovery Per Code
CKG/Kennedy Subpoenaed Records Per Code
VANQUISH ENVIRONMENTAL & ENGINEERING, INC.
BAYWOOD, LLC; et al. SCV-273320
X
March 27, 2024
D. Najaf Shah, Esq.
VANQUISH ENVIRONMENTAL & ENGINEERING, INC. v.
BAYWOOD, LLC; et al. SCV-273320
6c
6/10/2024 to 6/15/2024; 6/17/2024 to 6/28/2024; 7/3/2024 to 7/9/2024; 7/15/2024 to 7/18/2024; 7/22/204 to 7/26/2024; 8/12/2024 to
8/17/2024; 9/3/2024 to 9/6/2024; 9/23/2024 to 9/28/2024; 10/7/2024 to 10/12/2024; 10/15/2024 to 10/19/2024; 11/18/2024 to
11/24/2024; 12/10/2024 to 12/17/2024; 1/21/2025 to 1/26/2025; 2/10/2025 to 2/17/2025; 5/19/2025 to 5/24/2025
1 1
PROOF OF SERVICE
(CCP §§ 1013(a) and 2015.5; FRCP 5)
State of California, )
) ss.
County of Los Angeles. )
I am employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. My business address
is 790 E. Colorado Boulevard, Suite 600, Pasadena, CA 91101.
On this date, I served the foregoing document described as CASE MANAGEMENT STATEMENT on the interested parties
in this action by placing same in a sealed envelope, addressed as follows:
SEE ATTACHED SERVICE LIST
☐ (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Pasadena,
California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of
collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on
that same day with postage thereon fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after
date of deposit for mailing in affidavit.
☐ (BY CERTIFIED MAIL) – I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt
Requested to be placed in the United States Mail in Pasadena, California.
☐ FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents
with delivery fees provided for.
☐
X (BY ELECTRONIC FILING AND/OR SERVICE) – I served a true copy, with all exhibits, electronically on designated
recipients listed on the attached service list.
☐ (ELECTRONIC SERVICE PER CODE CIV. PROC., § 1010.6) – By prior consent or request or as required by rules of
court (Code Civ. Proc., § 1010.6 (amended Jan. 1, 2021); Code Civ. Proc., § 1013(g); Cal. Rules of Court, rule 2.251(a)).
☐ (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s).
Executed on March 27, 2024 at Pasadena, California.
☒ (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
☐ (FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was
made.
-----------------------------------------------------------------------------------
Debbie Parker
dparker@ccllp.law
VANQUISH ENVIRONMENTAL & ENGINEERING, INC. V. BAYWOOD, LLC, ET AL.
Sonoma County Superior Court Case Number: SCV-273320
CCLLP File Number: 24954
SERVICE LIST
John W. Busby II Lisa D. Nicolls
JOHN W. BUSBY II, ATTORNEY AT LAW, P.C. MURPHY AUSTIN SCHOENFELD, LLP
251 Lafayette Circle, Suite 350 555 Capitol Mall, Suite 850
Lafayette, CA 94549 Sacramento, CA. 95814
T: (925) 299-9600 - F: (925) 299-9608 T: (916) 446-2300 - F: (916) 503-4000
jwbusby@jwbusbylaw.com lnicolls@murphyaustin.com
smcneill@jwbusbylaw.com asaunders@murphyaustin.com
ATTORNEYS FOR PLAINTIFF VANQUISH ATTORNEY FOR DEFENDANTS BRIAN B. O'BRIEN,
ENVIRONMENTAL & ENGINEERING, INC. RICHARD . A. COOMBS, AND BAYWOOD, LLC
Michael A. Vasquez
Robin L. Krutzsch
WOOD SMITH HENNING & BERMAN
201 1st Street, Suite 209
Petaluma, CA. 94952-4289
T: (707) 559-6707
rkrutzsch@wshblaw.com
mvasquez@wshblaw.com
hphilson@wshblaw.com
lrutledge@wshblaw.com
CO-COUNSEL FOR DEFENDANTS BRIAN B. O'BRIEN,
RICHARD . A. COOMBS, AND BAYWOOD, LLC
Preview
126412 | 330136 Brian K. Stewart, Esq. | Najaf Shah, Esq. Collins + Collins LLP 790 E. Colorado Blvd., Suite 600 Pasadena CA 91101 626-243-1100 626-243-1111 bstewart@ccllp.law | nshah@ccllp.law CHRISTINA J. KENNEDY and CKG ENVIRONMENTAL, INC. SONOMA 3055 Cleveland Avenue 3055 Cleveland Avenue Santa Rosa, 95403 Civil and Family Law Courthouse VANQUISH ENVIRONMENTAL & ENGINEERING, BAYWOOD, LLC; et al. X SCV-273320 April 11, 2024 3:00p.m. 19 X Najaf Shah, Esq. X CHRISTINA J. KENNEDY and CKG ENVIRONMENTAL, INC. X Plaintiff's complaint alleges the following causes of action: (1) Breach of Contract; (2) Fraud; (3) Negligent Misrepresentation; (4) Negligence; (5) Defamation; (6) Foreclosure on Mechanic's Lien; (7) Common Count; and (8) Quantum Meruit. VANQUISH ENVIRONMENTAL & ENGINEERING, BAYWOOD, LLC; et al. SCV-273320 Defendants CKG and Kennedy were environmental consultant and construction manager to Baywood and its principals, defendants Coombs and O'Brien. Plaintiff was retained by CKG as a subcontractor to clear, treat and remove hazardous waste and clean soil from Baywood's project in Petaluma. Kennedy was not a party to any contract but was rather a principal in CKG. Cross-complaint by NAME was filed on 9/18/2023. Defendants CKG and Kennedy deny all liability. X X Defendants CHRISTINA J. KENNEDY and CKG ENVIRONMENTAL, INC. X Plaintiff/Cross-Defendants currently have a demurrer and motion to strike on calendar as well as a motion on Discovery dispute See attached list X Approximately Seven (7) court days X X X Amount in controversy exceeds jurisdictional amount. VANQUISH ENVIRONMENTAL & ENGINEERING, INC. BAYWOOD, LLC; et al. SCV-273320 X X X X VANQUISH ENVIRONMENTAL & ENGINEERING, BAYWOOD, LLC; et al. SCV-273320 X Berkley Specialty Underwriting X X Defendants CHRISTINA J. KENNEDY and CKG ENVIRONMENTAL, INC. intend to file a Motion for Summary Judgment, or in the alternative, Motion for Summary Adjudication as well as appropriate pretrial motions in limine. CKG/Kennedy Written Discovery Per Code CKG/Kennedy Depositions Per Code CKG/Kennedy Expert Discovery Per Code CKG/Kennedy Subpoenaed Records Per Code VANQUISH ENVIRONMENTAL & ENGINEERING, INC. BAYWOOD, LLC; et al. SCV-273320 X March 27, 2024 D. Najaf Shah, Esq. VANQUISH ENVIRONMENTAL & ENGINEERING, INC. v. BAYWOOD, LLC; et al. SCV-273320 6c 6/10/2024 to 6/15/2024; 6/17/2024 to 6/28/2024; 7/3/2024 to 7/9/2024; 7/15/2024 to 7/18/2024; 7/22/204 to 7/26/2024; 8/12/2024 to 8/17/2024; 9/3/2024 to 9/6/2024; 9/23/2024 to 9/28/2024; 10/7/2024 to 10/12/2024; 10/15/2024 to 10/19/2024; 11/18/2024 to 11/24/2024; 12/10/2024 to 12/17/2024; 1/21/2025 to 1/26/2025; 2/10/2025 to 2/17/2025; 5/19/2025 to 5/24/2025 1 1 PROOF OF SERVICE (CCP §§ 1013(a) and 2015.5; FRCP 5) State of California, ) ) ss. County of Los Angeles. ) I am employed in the County of Los Angeles. I am over the age of 18 and not a party to the within action. My business address is 790 E. Colorado Boulevard, Suite 600, Pasadena, CA 91101. On this date, I served the foregoing document described as CASE MANAGEMENT STATEMENT on the interested parties in this action by placing same in a sealed envelope, addressed as follows: SEE ATTACHED SERVICE LIST ☐ (BY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Pasadena, California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Pasadena, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. ☐ (BY CERTIFIED MAIL) – I caused such envelope(s) with postage thereon fully prepaid via Certified Mail Return Receipt Requested to be placed in the United States Mail in Pasadena, California. ☐ FEDERAL EXPRESS - I caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. ☐ X (BY ELECTRONIC FILING AND/OR SERVICE) – I served a true copy, with all exhibits, electronically on designated recipients listed on the attached service list. ☐ (ELECTRONIC SERVICE PER CODE CIV. PROC., § 1010.6) – By prior consent or request or as required by rules of court (Code Civ. Proc., § 1010.6 (amended Jan. 1, 2021); Code Civ. Proc., § 1013(g); Cal. Rules of Court, rule 2.251(a)). ☐ (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). Executed on March 27, 2024 at Pasadena, California. ☒ (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. ☐ (FEDERAL) - I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. ----------------------------------------------------------------------------------- Debbie Parker dparker@ccllp.law VANQUISH ENVIRONMENTAL & ENGINEERING, INC. V. BAYWOOD, LLC, ET AL. Sonoma County Superior Court Case Number: SCV-273320 CCLLP File Number: 24954 SERVICE LIST John W. Busby II Lisa D. Nicolls JOHN W. BUSBY II, ATTORNEY AT LAW, P.C. MURPHY AUSTIN SCHOENFELD, LLP 251 Lafayette Circle, Suite 350 555 Capitol Mall, Suite 850 Lafayette, CA 94549 Sacramento, CA. 95814 T: (925) 299-9600 - F: (925) 299-9608 T: (916) 446-2300 - F: (916) 503-4000 jwbusby@jwbusbylaw.com lnicolls@murphyaustin.com smcneill@jwbusbylaw.com asaunders@murphyaustin.com ATTORNEYS FOR PLAINTIFF VANQUISH ATTORNEY FOR DEFENDANTS BRIAN B. O'BRIEN, ENVIRONMENTAL & ENGINEERING, INC. RICHARD . A. COOMBS, AND BAYWOOD, LLC Michael A. Vasquez Robin L. Krutzsch WOOD SMITH HENNING & BERMAN 201 1st Street, Suite 209 Petaluma, CA. 94952-4289 T: (707) 559-6707 rkrutzsch@wshblaw.com mvasquez@wshblaw.com hphilson@wshblaw.com lrutledge@wshblaw.com CO-COUNSEL FOR DEFENDANTS BRIAN B. O'BRIEN, RICHARD . A. COOMBS, AND BAYWOOD, LLC