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LAW OFFICE OF MICHAEL D. LIBERTY
Michael D. Liberty (Bar No. 136088)
1290 Howard Avenue, Suite 303
FILED
SAN MATEO COUNTY
Burlingame, California 94010
Telephone: (650) 685-8085
mdlaw@pacbell.net
Attorney for PLAINTIFF
LUCKY STRIKE FARMS, INC.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO
UNLIMITED CIVIL CASE
LUCKY STRIKE FARMS, NC, a ) Case No. CIV 538914
10 California Corporation, )
Liberty
303
. . ) NOTICE OF ENTRY OF JUDGMENT
1). Suite
94010
11 Plamtiff,
Michael Ave, CA
)
650-685-8085
v. )
of 12
Office
Howard
Burlingame,
)
1290
ROBERT BRUCE FOWLER, AN ) Dept.: 25 Hon. Joseph Scott
Law 13 INDIVIDUAL; )
and DOES 1 through 10, inclusive, Trial: May 8, 2017
)
14
Defendants.
;
15
16
17
TO DEFENDANT ROBERT BRUCE FOWLER AND HIS ATTORNEYS OF RECORD:
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PLEASE TAKE NOTICE THAT the court entered judgment in favor of Plaintiff LUCKY STRIKE
19
FARMS, INC. and against Robert Bruce Fowler in the amount of $103,109.46. A copy of the
20
judgment is attached hereto.
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Dated: June 16, 2017 LAW OFFICE OF MICHAEL D. LIBERTY
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CIV538914
NOEJUD
Notice4 of Entry of Judgment
By:
Mich e1 D. Liberty
KJI‘
24 Attorney for Plaintiff
III IIIIIIIIIII
LUCKY STRIKE FARMS, INC.
IIIIIIIIIIIIIIIIIIIIIII
25
NOTICE OF ENTRY OF JUDGMENT
1
FEEEEEEE FREE
SAN MATEO CDUNTY
JUN I. 6 2017
Clerk of the Superior Court
5;; #Qflawtmxmmm
DEPUTY CLERK
SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO
UNLIMITED CIVIL CASE
) NO. CIV 538914
LUCKY STRIKE FARMS, INC., a California
)
Corporation,
)
Plaintiff, JUDGMENT FOR PLAINTIFF
;
v. )
) Date: May 8, 2017
ROBERT BRUCE FOWLER, individually and ) Time; 9:00 am
10 dba THE PRODUCE DETECTIVE;
) Dept; 25 Hon. Joseph C. Scott
and DOES 1 through 10, inclusive,
11 3
Defendants. ) Trial: May 8, 2017
12 E
)
AND RELATED CROSS—ACTION )
13
14 Trial of this matter came on for hearing on May 8th, 2017 in Department 25 at 9 am before the
I
15 Honorable Joseph C. Scott, in Department 25 of the above entitled court without a jury.
16 Appearing for Plaintiff Lucky Strike Farms, Inc. was Michael D Liberty. Appearing for
17 defendant Robert Bruce Fowler was defendant Jennifer Niles. Defendant Fowler did not appear for trial.
18 Because defendant Fowler failed to appear, and he presented no evidence in his case in chief, Mr.
19 Fowler’s cross complaint was dismissed.
20 The parties stipulated that Mr. Fowler has admitted to liability on Plaintiff s complaint under his
responses to requests for admissions, and pursuant to stipulation with his counsel, in the amount of
21
$68, 654.40.
22
Plaintiff admitted into evidence Exhibits 1-4, inclusive, which the court reviewed and
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JUDGMENT FOR PLAINTIFF :
1
considered. Plaintiff s request for admissions were admitted into evidence as Exhibit 2 and Mr. F owler’s
responses ~to requests for admissions were admitted into evidence as
Exhibit 3.
The parties proceeded to trial on the issue of punitive damages. Testimony was taken fiom
Gilbert Papazian II, representative of Lucky Strike Farms and Grace Garcia, of
the accounting
departmentof Lucky Strike Farms. Exhibits 1-4 were offered into evidence
by Plaintiff and admitted at
trial.
The court then proceeded to the punitive damages phase of the trial. The court, having
considered all of the evidence, hereby renders judgment as follows on the issue of punitive damages:
Plaintiff’ s requests for punitive damages is DENIED. Plaintiff failed to prove
by clear and convincing
evidence that defendant Fowler was guilty of malice, oppression or fraud. See
Civil Code Section 3294
10 Plaintiff filed a memorandum of costs in the amount of
I
m. The time within which for
11 defendant to file a motion to tax costs has passed.
12 Plaintiff also filed a motion for prejudgment interest, which was not opposed. The
court granted
13 prejudgment interest in the amount of $33,3 73.06.
14 Therefore, IT IS ORDERED, ADIUDGED AND DECREED that judgment is
entered in favor of
15
plaintiff Lucky Strike Farms, Inc. and against defendant Robert Bruce Fowler in the amount of
$103,109.46.
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IT IS so ADJUDGED.
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JOSEPH C. SGOTT
19 Dated: I c; 2017
,
HON. JOSEPH C. SCOTT
20
Judge of the Superior Court
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JUDGMENT FOR PLAINTIFF
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PROOF SERVICE
I am a citizen of the United States, over the age of 18 years, and not a party to the within entitled
action. I am employed in the County of San Mateo. On this date, I served the following document(s):
NOTICE OF ENTRY OF JUDGMENT
_x__ By placing for collection and mailing, following ordinary business practices at my place of
business, a true and correct copy thereof, in a sealed envelope with postage thereon fully prepaid, and
addressed as set forth below. I am familiar with the business practice for collection and processing of
documents for mailing with the United States Postal Service, said practice being that in the ordinary
course of business, documents are deposited with the United States Postal Service on the same day as
they are placed for collection.
By personal service on the parties to this action by causing a true and correct copy thereof to be
10 email delivered to the offices or addresses of the person(s) set forth below.
Liberty
303
94010
I). Suite
11
Ave, CA
Michael
650-685—8085
Jennifer A. Niles
of
Howard
Burlingame,
12 LAW OFFICE OF MARION QUESENBERY
Office
1290
2625 Alcatraz Ave. #514
Law 13 Berkeley, CA 94705
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15 I declare under penalty of perjury that the foregoing is true and correct. Executed on June 16,
2017 at Burlingame, California.
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2O
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24
25
NOTICE OF ENTRY OF JUDGMENT
2
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LAW OFFICE OF MICHAEL D. LIBERTY Michael D. Liberty (Bar No. 136088) 1290 Howard Avenue, Suite 303 FILED SAN MATEO COUNTY Burlingame, California 94010 Telephone: (650) 685-8085 mdlaw@pacbell.net Attorney for PLAINTIFF LUCKY STRIKE FARMS, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO UNLIMITED CIVIL CASE LUCKY STRIKE FARMS, NC, a ) Case No. CIV 538914 10 California Corporation, ) Liberty 303 . . ) NOTICE OF ENTRY OF JUDGMENT 1). Suite 94010 11 Plamtiff, Michael Ave, CA ) 650-685-8085 v. ) of 12 Office Howard Burlingame, ) 1290 ROBERT BRUCE FOWLER, AN ) Dept.: 25 Hon. Joseph Scott Law 13 INDIVIDUAL; ) and DOES 1 through 10, inclusive, Trial: May 8, 2017 ) 14 Defendants. ; 15 16 17 TO DEFENDANT ROBERT BRUCE FOWLER AND HIS ATTORNEYS OF RECORD: 18 PLEASE TAKE NOTICE THAT the court entered judgment in favor of Plaintiff LUCKY STRIKE 19 FARMS, INC. and against Robert Bruce Fowler in the amount of $103,109.46. A copy of the 20 judgment is attached hereto. 21 Dated: June 16, 2017 LAW OFFICE OF MICHAEL D. LIBERTY 22 23 CIV538914 NOEJUD Notice4 of Entry of Judgment By: Mich e1 D. Liberty KJI‘ 24 Attorney for Plaintiff III IIIIIIIIIII LUCKY STRIKE FARMS, INC. IIIIIIIIIIIIIIIIIIIIIII 25 NOTICE OF ENTRY OF JUDGMENT 1 FEEEEEEE FREE SAN MATEO CDUNTY JUN I. 6 2017 Clerk of the Superior Court 5;; #Qflawtmxmmm DEPUTY CLERK SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO UNLIMITED CIVIL CASE ) NO. CIV 538914 LUCKY STRIKE FARMS, INC., a California ) Corporation, ) Plaintiff, JUDGMENT FOR PLAINTIFF ; v. ) ) Date: May 8, 2017 ROBERT BRUCE FOWLER, individually and ) Time; 9:00 am 10 dba THE PRODUCE DETECTIVE; ) Dept; 25 Hon. Joseph C. Scott and DOES 1 through 10, inclusive, 11 3 Defendants. ) Trial: May 8, 2017 12 E ) AND RELATED CROSS—ACTION ) 13 14 Trial of this matter came on for hearing on May 8th, 2017 in Department 25 at 9 am before the I 15 Honorable Joseph C. Scott, in Department 25 of the above entitled court without a jury. 16 Appearing for Plaintiff Lucky Strike Farms, Inc. was Michael D Liberty. Appearing for 17 defendant Robert Bruce Fowler was defendant Jennifer Niles. Defendant Fowler did not appear for trial. 18 Because defendant Fowler failed to appear, and he presented no evidence in his case in chief, Mr. 19 Fowler’s cross complaint was dismissed. 20 The parties stipulated that Mr. Fowler has admitted to liability on Plaintiff s complaint under his responses to requests for admissions, and pursuant to stipulation with his counsel, in the amount of 21 $68, 654.40. 22 Plaintiff admitted into evidence Exhibits 1-4, inclusive, which the court reviewed and 23 24 JUDGMENT FOR PLAINTIFF : 1 considered. Plaintiff s request for admissions were admitted into evidence as Exhibit 2 and Mr. F owler’s responses ~to requests for admissions were admitted into evidence as Exhibit 3. The parties proceeded to trial on the issue of punitive damages. Testimony was taken fiom Gilbert Papazian II, representative of Lucky Strike Farms and Grace Garcia, of the accounting departmentof Lucky Strike Farms. Exhibits 1-4 were offered into evidence by Plaintiff and admitted at trial. The court then proceeded to the punitive damages phase of the trial. The court, having considered all of the evidence, hereby renders judgment as follows on the issue of punitive damages: Plaintiff’ s requests for punitive damages is DENIED. Plaintiff failed to prove by clear and convincing evidence that defendant Fowler was guilty of malice, oppression or fraud. See Civil Code Section 3294 10 Plaintiff filed a memorandum of costs in the amount of I m. The time within which for 11 defendant to file a motion to tax costs has passed. 12 Plaintiff also filed a motion for prejudgment interest, which was not opposed. The court granted 13 prejudgment interest in the amount of $33,3 73.06. 14 Therefore, IT IS ORDERED, ADIUDGED AND DECREED that judgment is entered in favor of 15 plaintiff Lucky Strike Farms, Inc. and against defendant Robert Bruce Fowler in the amount of $103,109.46. 16 17 IT IS so ADJUDGED. 18 JOSEPH C. SGOTT 19 Dated: I c; 2017 , HON. JOSEPH C. SCOTT 20 Judge of the Superior Court 21 22 23 24 JUDGMENT FOR PLAINTIFF 2 PROOF SERVICE I am a citizen of the United States, over the age of 18 years, and not a party to the within entitled action. I am employed in the County of San Mateo. On this date, I served the following document(s): NOTICE OF ENTRY OF JUDGMENT _x__ By placing for collection and mailing, following ordinary business practices at my place of business, a true and correct copy thereof, in a sealed envelope with postage thereon fully prepaid, and addressed as set forth below. I am familiar with the business practice for collection and processing of documents for mailing with the United States Postal Service, said practice being that in the ordinary course of business, documents are deposited with the United States Postal Service on the same day as they are placed for collection. By personal service on the parties to this action by causing a true and correct copy thereof to be 10 email delivered to the offices or addresses of the person(s) set forth below. Liberty 303 94010 I). Suite 11 Ave, CA Michael 650-685—8085 Jennifer A. Niles of Howard Burlingame, 12 LAW OFFICE OF MARION QUESENBERY Office 1290 2625 Alcatraz Ave. #514 Law 13 Berkeley, CA 94705 14 15 I declare under penalty of perjury that the foregoing is true and correct. Executed on June 16, 2017 at Burlingame, California. 16 17 18 19 2O 21 22 23 24 25 NOTICE OF ENTRY OF JUDGMENT 2