Preview
F Sugrior Court of California
F
County of Butte
i I
PETERS, HABIB, MCKENNA & JUHL-RHODES, LLP L MAR L
1 3 201%
MARK HABIB (SBN 150087) E E
K‘m
JAMES P. McKENNA (SBN 142550) D ’
Fener. Clerk
.
D
LIA JUHL-RHODES (SBN 268816) By Dem
414 Salem Street — P. O. Box 3509
Chico, California 95927-3 509
Telephone: (530) 342-3593
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Facsimile: (530) 342-4272
DWIGHT L. MOORE (SBN 62176)
Town Attorney
Town of Paradise
5555 Skyway
Paradise, California 95969
Telephone: (530) 872-6291 ext. 118
Facsimile: (530) 877-5059
Attorneys for Defendants Town of Paradise,
The Paradise Police Department [sic] and Patrick F easter
IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF BUTTE
Case No. 16CV03147
CHRISTOPHER HERNANDEZ,
. .
NOTICE OF ENTRY OF ORDER ON
Plamuff, DEFENDANTS’ DEMURRER TO PLAINTIFF’S
NNNNNNNNNI—ap—tb—tI—II—AI—aI—dr—II—tp—n
COMPLAINT
VS.
2017
”\IQM-PUJNHOOOOVQM-bb’NP-‘O
PATRICK FEASTER, THE TOWN OF
PARADISE, THE PARADISE POLICE
figg
Dept:
3435i iii
To Be Announced
DEPARTMENT’ and Does 1 to 30’ Judge: Hon. Stephen E. Benson
Defendants. Complaint Filed: December 29, 2016
NOTICE IS HEREBY GIVEN that the Order on Demurrer of defendants TOWN OF
PARADISE, THE PARADISE POLICE DEPARTMENT [SIC] AND PATRICK FEASTER
to plaintiff’s Complaint in the above—captioned case, granted by the Honorable Stephen E. Benson,
was filed and entered on March 10, 2017. Attached hereto as Exhibit A is a true and correct copy of
///
///
-1.
NOTICE OF ENTRY OF ORDER ON DEFENDANTS’ DEMURRER TO PLAINTIFF’S COMPLAINT
the Order.
RS,HA cKE A
Dated:
3 \0 V] PE
&J ODES,
,
LP
AWN
MARK A. HABIB
Attorney for Defendants TOWN OF
PARADISE; THE PARADISE POLICE
DEPARTMENT [SIC] AND PATRICK FEASTER
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-2.
NOTICE OF ENTRY OF ORDER ON DEFENDANTS’ DEMURRER TO PLAINTIFF’S COMPLAINT
PETERS, HABIB, MCKENNA & JUHL-RHODES, LLP
MARK HABIB (SBN 150087)
JAMES P. MCKENNA (SBN 142550)
LIA JUHL-RHODES (SBN 268816) F Superior Court of Caiiromia F
414 Salem Street — P. O. Box 3509 5
County of Butte
g
Chico, California 95927-3509
Telephone: (530) 342-3593 MAR 1 U 2017
L
Facsimile: (530) 342-4272
Gmrn
E
Kimberiiener,Cierk D
By E PAYNE Deputy
DWIGHT L. MOORE (SBN 62176)
\OOO\IO\UI4>
Town Attorney
Town of Paradise
5555 Skyway
Paradise, California 95969
Telephone: (530) 872-6291 ext. 118
Facsimile: (530) 877-5059
Attorneys for Defendants Town of Paradise,
11 The Paradise Police Department [sic] and Patrick Feaster
12
13
IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA
14
IN AND FOR THE COUNTY OF BUTTE
15
Case No. 16CV03147
16 CHRISTOPHER HERNANDEZ,
_ _
ORDER ON DEF ENDANTS’ DEMURRER
17 Plamtlff, To PLAINTIFF’S COMPLAINT
18 VS- Hearing: March 10, 2017
T' : 9:00 A.M.
PATRICK FEASTER, THE TOWN OF
19 DEE: To Be Announced
PARADISE, THE PARADISE POLICE Judge: Hon. Stephen E. Benson
20 DEPARTMENT, and Does 1 to 30,
Complaint Filed: December 29, 2016
21 Defendants.
22
23 The demurrer of defendants Town of Paradise, The Paradise Police Department [sic] and
24 Patrick Feaster to the Complaint of plaintiff Christopher Hernandez came on for hearing in
25 Department _ of this Court on March 10, 2017. Counsel of record appeared on behalf of
26 defendants. Having fully considered the pleadings, moving, and reply papers, and no argument or
27 opposition having been presented to the Court by plaintiff HERNANDEZ:
28 M
.1-
ORDER ON DEFENDANTS’ DEMURRER TO PLAINTIFF’S COMPLAINT
IT IS HEREBY ORDERED THAT:
1. The court grants the defendants' request for judicial notice of the documents and
findings in PR00070 In re: Estate of Ehorn and that the plaintiff has no legal relationship to Darien
Ehorn.
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2. The court finds that the plaintiff does not have standing to pursue a wrongful death
action, or any associated claims, and therefore cannot state any causes of action.
3. The demurrer is sustained without leave to amend.
Date: MAR 1 a) 20W
STEPHEN E. WW
JUDGE OF THE SUPERIOR COURT
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WQQMAWND—‘OKDOOVOUI-DUJNHO
.2.
ORDER ON DEFENDANTS’ DEMURRER TO PLAINTIFF’S COMPLAINT
PROOF OF SERVICE
I am a citizen of the United States and I am a resident of or employed in the county
where the service took (place. I am over the age of 18 years and not a arty to the within
action; my business ad ress is 414 Salem Street, Chico, California 9 928.
On this date, I served the foregoing document(s) described as:
NOTICE OF ENTRY OF ORDER ON DEFENDANTS’
DEMURRER TO PLAINTIFF’S COMPLAINT
on the parties below by placing a true copy thereof in a sealed envelope and served same on
the parties/counsel, addressed as follows:
Christopher Hernandez Via Email Only
McKENNA
LLP P. O. Box 979 Dwight L. Moore, Town Attorney
Law
10
Bandon, Oregon 97411 Town of Paradise
California
at
5555 Skyway
HABIB
L-RHObES,
9
11
Plaintifl In Pro Per Paradise, CA 95969-4931
Chico.
Attprn
PETERT-I
&JU
12 The following is the procedure in which service of this document was effected:
13 X US Postal Service (placing such envelope(s) with postage thereon fully
pre aid in the desi ated area for outgoing mail in accordance with this
14 of ice's practice, w ereby the mail is de osited in the US mailbox in the City
of Chico, California, after the close of t e day's business).
15
Delivery Service: USPS Overnight Delivery
16 I
Personal Service
17
Facsimile
18
Email (by electronically mailing to the person(s) named herein at the email
19 address indicated. No return transmissmn was received this date indicating
that the email transmission did not transmit properly to the recipient).
20
I declare under penalty of perjury under the laws of the State of California that the
21 foregoing is true and correct and that this document is executed at Chico, California, on
March 10, 2017.
CM £MPW
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o
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TONI CAMPBELL
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PROOF OF SERVICE
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F Sugrior Court of California F County of Butte i I PETERS, HABIB, MCKENNA & JUHL-RHODES, LLP L MAR L 1 3 201% MARK HABIB (SBN 150087) E E K‘m JAMES P. McKENNA (SBN 142550) D ’ Fener. Clerk . D LIA JUHL-RHODES (SBN 268816) By Dem 414 Salem Street — P. O. Box 3509 Chico, California 95927-3 509 Telephone: (530) 342-3593 \OOO\]O\UI-bwt\JI—- Facsimile: (530) 342-4272 DWIGHT L. MOORE (SBN 62176) Town Attorney Town of Paradise 5555 Skyway Paradise, California 95969 Telephone: (530) 872-6291 ext. 118 Facsimile: (530) 877-5059 Attorneys for Defendants Town of Paradise, The Paradise Police Department [sic] and Patrick F easter IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF BUTTE Case No. 16CV03147 CHRISTOPHER HERNANDEZ, . . NOTICE OF ENTRY OF ORDER ON Plamuff, DEFENDANTS’ DEMURRER TO PLAINTIFF’S NNNNNNNNNI—ap—tb—tI—II—AI—aI—dr—II—tp—n COMPLAINT VS. 2017 ”\IQM-PUJNHOOOOVQM-bb’NP-‘O PATRICK FEASTER, THE TOWN OF PARADISE, THE PARADISE POLICE figg Dept: 3435i iii To Be Announced DEPARTMENT’ and Does 1 to 30’ Judge: Hon. Stephen E. Benson Defendants. Complaint Filed: December 29, 2016 NOTICE IS HEREBY GIVEN that the Order on Demurrer of defendants TOWN OF PARADISE, THE PARADISE POLICE DEPARTMENT [SIC] AND PATRICK FEASTER to plaintiff’s Complaint in the above—captioned case, granted by the Honorable Stephen E. Benson, was filed and entered on March 10, 2017. Attached hereto as Exhibit A is a true and correct copy of /// /// -1. NOTICE OF ENTRY OF ORDER ON DEFENDANTS’ DEMURRER TO PLAINTIFF’S COMPLAINT the Order. RS,HA cKE A Dated: 3 \0 V] PE &J ODES, , LP AWN MARK A. HABIB Attorney for Defendants TOWN OF PARADISE; THE PARADISE POLICE DEPARTMENT [SIC] AND PATRICK FEASTER \DOO\IO\LJI 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2. NOTICE OF ENTRY OF ORDER ON DEFENDANTS’ DEMURRER TO PLAINTIFF’S COMPLAINT PETERS, HABIB, MCKENNA & JUHL-RHODES, LLP MARK HABIB (SBN 150087) JAMES P. MCKENNA (SBN 142550) LIA JUHL-RHODES (SBN 268816) F Superior Court of Caiiromia F 414 Salem Street — P. O. Box 3509 5 County of Butte g Chico, California 95927-3509 Telephone: (530) 342-3593 MAR 1 U 2017 L Facsimile: (530) 342-4272 Gmrn E Kimberiiener,Cierk D By E PAYNE Deputy DWIGHT L. MOORE (SBN 62176) \OOO\IO\UI4> Town Attorney Town of Paradise 5555 Skyway Paradise, California 95969 Telephone: (530) 872-6291 ext. 118 Facsimile: (530) 877-5059 Attorneys for Defendants Town of Paradise, 11 The Paradise Police Department [sic] and Patrick Feaster 12 13 IN THE SUPERIOR COURT FOR THE STATE OF CALIFORNIA 14 IN AND FOR THE COUNTY OF BUTTE 15 Case No. 16CV03147 16 CHRISTOPHER HERNANDEZ, _ _ ORDER ON DEF ENDANTS’ DEMURRER 17 Plamtlff, To PLAINTIFF’S COMPLAINT 18 VS- Hearing: March 10, 2017 T' : 9:00 A.M. PATRICK FEASTER, THE TOWN OF 19 DEE: To Be Announced PARADISE, THE PARADISE POLICE Judge: Hon. Stephen E. Benson 20 DEPARTMENT, and Does 1 to 30, Complaint Filed: December 29, 2016 21 Defendants. 22 23 The demurrer of defendants Town of Paradise, The Paradise Police Department [sic] and 24 Patrick Feaster to the Complaint of plaintiff Christopher Hernandez came on for hearing in 25 Department _ of this Court on March 10, 2017. Counsel of record appeared on behalf of 26 defendants. Having fully considered the pleadings, moving, and reply papers, and no argument or 27 opposition having been presented to the Court by plaintiff HERNANDEZ: 28 M .1- ORDER ON DEFENDANTS’ DEMURRER TO PLAINTIFF’S COMPLAINT IT IS HEREBY ORDERED THAT: 1. The court grants the defendants' request for judicial notice of the documents and findings in PR00070 In re: Estate of Ehorn and that the plaintiff has no legal relationship to Darien Ehorn. \oooummhww... 2. The court finds that the plaintiff does not have standing to pursue a wrongful death action, or any associated claims, and therefore cannot state any causes of action. 3. The demurrer is sustained without leave to amend. Date: MAR 1 a) 20W STEPHEN E. WW JUDGE OF THE SUPERIOR COURT NNNNNNNNNHD—lD—‘D—‘D—lr—‘I—‘r—lh—Ip—I WQQMAWND—‘OKDOOVOUI-DUJNHO .2. ORDER ON DEFENDANTS’ DEMURRER TO PLAINTIFF’S COMPLAINT PROOF OF SERVICE I am a citizen of the United States and I am a resident of or employed in the county where the service took (place. I am over the age of 18 years and not a arty to the within action; my business ad ress is 414 Salem Street, Chico, California 9 928. On this date, I served the foregoing document(s) described as: NOTICE OF ENTRY OF ORDER ON DEFENDANTS’ DEMURRER TO PLAINTIFF’S COMPLAINT on the parties below by placing a true copy thereof in a sealed envelope and served same on the parties/counsel, addressed as follows: Christopher Hernandez Via Email Only McKENNA LLP P. O. Box 979 Dwight L. Moore, Town Attorney Law 10 Bandon, Oregon 97411 Town of Paradise California at 5555 Skyway HABIB L-RHObES, 9 11 Plaintifl In Pro Per Paradise, CA 95969-4931 Chico. Attprn PETERT-I &JU 12 The following is the procedure in which service of this document was effected: 13 X US Postal Service (placing such envelope(s) with postage thereon fully pre aid in the desi ated area for outgoing mail in accordance with this 14 of ice's practice, w ereby the mail is de osited in the US mailbox in the City of Chico, California, after the close of t e day's business). 15 Delivery Service: USPS Overnight Delivery 16 I Personal Service 17 Facsimile 18 Email (by electronically mailing to the person(s) named herein at the email 19 address indicated. No return transmissmn was received this date indicating that the email transmission did not transmit properly to the recipient). 20 I declare under penalty of perjury under the laws of the State of California that the 21 foregoing is true and correct and that this document is executed at Chico, California, on March 10, 2017. CM £MPW 22 . o 23 TONI CAMPBELL 24 25 26 PROOF OF SERVICE