On August 04, 2017 a
Motion,Ex Parte
was filed
involving a dispute between
Janene Bauhofer,
Michael Johnson,
Oregon Shepherd, Llc,
Quincy Mccourt,
and
Oregon Shepherd, Llc,
Quincy Mccourt,
for civil
in the District Court of Placer County.
Preview
BD J. STEPHANIE KRMPOTIC, SBN 128671
ELIZABETH I.STEWART, SBN 243049
CHRISTINA W. SUN, SBN 306762
HB
LOW, BALL & LYNCH
505 Montgomery Street, 7th Floor
WH
San Francisco,
Telephone:
California
(415)
94111
981-6630
FILED
BR
Superior Court of Callfornia
Facsimile: 415) 982-1634 County of Placer
jskrmpotic@lowball.com
NOV 13 2018
DH
estewart@lowball.com
dake Chatters
Attorneys for Cross-Defendant © eegutive Officer & Clerk
OREGON SHEPHERD, LLC dba OREGON BY: Lucatuorto, Deputy
SHEPHERD,
ON
an Oregon Limited Liability Company
uo
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF PLACER
JANENE BAUHOFER and MICHAEL No. SCV0039397
le
JOHNSON, (Unlimited Jurisdiction)
ee
Plaintiffs,
LiALTL
BAY
ee
vs. OREGON SHEPHERD’S NOTICE OF
RE
MOTION FOR SUMMARY JUDGMENT OR
QUINCY McCOURT, individually and dba IN THE ALTERNATIVE FOR SUMMARY
DV
IJ.
Be
McQUIN CONSTRUCTION ADJUDICATION OF ISSUES
MANAGEMENT; OREGON SHEPHERD,
LLC dba OREGON SHEPHERD, an Oregon
By
Limited Liability Company; and DOES 1-50,
inclusive, Date: January 29, 2019
Be
Time: 8:30 a.m.
Defendants. Dept: 40
AND RELATED CROSS-ACTIONS. Trial Date: March 4, 2019
ND
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
NY
PLEASE TAKE NOTICE that on January 29, 2019 at 8:30 a.m. inDepartment 40 of the above-
N
entitled court located at 10820 Justice Center Drive, Roseville, California
NN
95678 or as soon thereafter as
this matter may be heard and considered, OREGON SHEPHERD, LLC dba OREGON SHEPHERD, an
Oregon Limited Liability Company (hereafter “Oregon Shepherd”) will and hereby does move this
WN
Court for an order granting Summary Judgment, or in the alternative, Summary Adjudication of Issues
NY
in itsfavor on the grounds that QUINCY McCOURT, individually and dba McQUIN
No
“[-
OREGON SHEPHERD’S NOTICE OF MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE FOR
SUMMARY ADJUDICATION OF ISSUES
N:\1203\SF0840\Pleadings\MSJ\Drafts\MSJ-Final\Notice.docx
CONSTRUCTION MANAGEMENT’S (hereafter “McCourt”) Cross-Complaint lacks merit. The
evidence presented in support of thismotion will establish that McCourt did not enter into a contract
with Oregon Shepherd, that Oregon Shepherd did not make any express or implied warranties, that
McCourt’s claims are barred by the statute of limitations set forth in California Code of Civil Procedure
§§ 337 and 339(1) and California Uniform Commercial Code § 2725, and that McCourt’s claims are
barred by the good faith settlement determination between Oregon Shepherd and Plaintiffs pursuant to
California Code of Civil Procedure §§877 and 877.6.
Oregon Shepherd’s Motion for Summary Judgment, or, in the alternative, for Summary
Adjudication of Issues is brought pursuant to the provisions of California Code of Civil Procedure §
10 437c and is based on this motion and notice of motion, on the memorandum of points and authorities
11 filed and served in support of this motion, on the separate statement of undisputed material facts
12 submitted in support of this motion, on the declarations of Margaret Magruder and Elizabeth I.Stewart,
13 on the matter which the court is requested to take judicial notice, upon the transcripts, documents and
14 things lodged with the court in support of this motion, and upon such other oral and documentary
15 evidence as may be submitted to and considered by the court atthe time of the hearing on thismotion.
16
17 Dated: November IS 2018
18
19
20
21
22 Attorneys for Cross-Defendant
OREGON SHEPHERD, LLC dba OREGON
23 SHEPHERD, an Oregon Limited Liability Company
24
25
26
27
28
5.
OREGON SHEPHERD’S NOTICE OF MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE FOR
SUMMARY ADJUDICATION OF ISSUES
N:\1203\SF0840\Pleadings\M
SJ\Drafts\MSJ-Final\Notice.docx
Document Filed Date
November 13, 2018
Case Filing Date
August 04, 2017
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Preview
BD J. STEPHANIE KRMPOTIC, SBN 128671 ELIZABETH I.STEWART, SBN 243049 CHRISTINA W. SUN, SBN 306762 HB LOW, BALL & LYNCH 505 Montgomery Street, 7th Floor WH San Francisco, Telephone: California (415) 94111 981-6630 FILED BR Superior Court of Callfornia Facsimile: 415) 982-1634 County of Placer jskrmpotic@lowball.com NOV 13 2018 DH estewart@lowball.com dake Chatters Attorneys for Cross-Defendant © eegutive Officer & Clerk OREGON SHEPHERD, LLC dba OREGON BY: Lucatuorto, Deputy SHEPHERD, ON an Oregon Limited Liability Company uo IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF PLACER JANENE BAUHOFER and MICHAEL No. SCV0039397 le JOHNSON, (Unlimited Jurisdiction) ee Plaintiffs, LiALTL BAY ee vs. OREGON SHEPHERD’S NOTICE OF RE MOTION FOR SUMMARY JUDGMENT OR QUINCY McCOURT, individually and dba IN THE ALTERNATIVE FOR SUMMARY DV IJ. Be McQUIN CONSTRUCTION ADJUDICATION OF ISSUES MANAGEMENT; OREGON SHEPHERD, LLC dba OREGON SHEPHERD, an Oregon By Limited Liability Company; and DOES 1-50, inclusive, Date: January 29, 2019 Be Time: 8:30 a.m. Defendants. Dept: 40 AND RELATED CROSS-ACTIONS. Trial Date: March 4, 2019 ND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: NY PLEASE TAKE NOTICE that on January 29, 2019 at 8:30 a.m. inDepartment 40 of the above- N entitled court located at 10820 Justice Center Drive, Roseville, California NN 95678 or as soon thereafter as this matter may be heard and considered, OREGON SHEPHERD, LLC dba OREGON SHEPHERD, an Oregon Limited Liability Company (hereafter “Oregon Shepherd”) will and hereby does move this WN Court for an order granting Summary Judgment, or in the alternative, Summary Adjudication of Issues NY in itsfavor on the grounds that QUINCY McCOURT, individually and dba McQUIN No “[- OREGON SHEPHERD’S NOTICE OF MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION OF ISSUES N:\1203\SF0840\Pleadings\MSJ\Drafts\MSJ-Final\Notice.docx CONSTRUCTION MANAGEMENT’S (hereafter “McCourt”) Cross-Complaint lacks merit. The evidence presented in support of thismotion will establish that McCourt did not enter into a contract with Oregon Shepherd, that Oregon Shepherd did not make any express or implied warranties, that McCourt’s claims are barred by the statute of limitations set forth in California Code of Civil Procedure §§ 337 and 339(1) and California Uniform Commercial Code § 2725, and that McCourt’s claims are barred by the good faith settlement determination between Oregon Shepherd and Plaintiffs pursuant to California Code of Civil Procedure §§877 and 877.6. Oregon Shepherd’s Motion for Summary Judgment, or, in the alternative, for Summary Adjudication of Issues is brought pursuant to the provisions of California Code of Civil Procedure § 10 437c and is based on this motion and notice of motion, on the memorandum of points and authorities 11 filed and served in support of this motion, on the separate statement of undisputed material facts 12 submitted in support of this motion, on the declarations of Margaret Magruder and Elizabeth I.Stewart, 13 on the matter which the court is requested to take judicial notice, upon the transcripts, documents and 14 things lodged with the court in support of this motion, and upon such other oral and documentary 15 evidence as may be submitted to and considered by the court atthe time of the hearing on thismotion. 16 17 Dated: November IS 2018 18 19 20 21 22 Attorneys for Cross-Defendant OREGON SHEPHERD, LLC dba OREGON 23 SHEPHERD, an Oregon Limited Liability Company 24 25 26 27 28 5. OREGON SHEPHERD’S NOTICE OF MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE FOR SUMMARY ADJUDICATION OF ISSUES N:\1203\SF0840\Pleadings\M SJ\Drafts\MSJ-Final\Notice.docx