Preview
Superior Court of California
County of Kern
Bakersfield Department 17
Date: 12/11/2020 Time: 8:30 AM - 12:00 PM
BCV-19-102711
MARTIN VS LINN
Courtroom Staff
Honorable: Thomas S. Clark Clerk: Linda K. Hall
Court reporter: . None Bailiff: Deputy Sheriff
Interpreter: Language of:
PARTIES:
Present:
MARTIN, LEONARD Plaintiff Pro Per
AARON, HAL Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present
CITY OF CALIFORNIA CITY Defendant, Not FORTIN, KELLY A. Attorney, Present
Present SHEFFIELD, ANDREW K Attorney, Present
HELLER, JERRY Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present
JOYCE, BOB H. Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present
LINN, ANNA Defendant, Not Present FORTIN, KELLY A. Attorney, Present
Not Present:
CITY OF CALIFORNIA CITY Defendant
Court Call
NATURE OF PROCEEDINGS: DEMURRER
Hearing Start Time: 8:32 AM
The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as
reflected above.
***COURT INFORMS COUNSEL/PARTIES THAT THE COURT WILL NO LONGER HAVE A COURT REPORTER FOR LAW
AND MOTION***
Matter argued and submitted.
The Court makes the following findings and orders:
(1) DEFENDANT CITY OF CALIFORNIA CITY'S DEMURRER TO THIRD AMENDED COMPLAINT;
(2) DEFENDANT CITY OF CALIFORNIA CITY'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S THIRD AMENDED
COMPLAINT;
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MARTIN VS LINN BCV-19-102711
(3) DEFENDANT ANNA LINN'S DEMURRER TO THIRD AMENDED COMPLAINT;
(4) DEFENDANT ANNA LINN'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S THIRD AMENDED COMPLAINT;
(5) DEFENDANTS HAL AARON AND JERRY HELLER'S DEMURRER TO THIRD AMENDED COMPLAINT;
(6) DEFENDANTS HAL AARON AND JERRY HELLER'S MOTION TO STRIKE PORTIONS OF THIRD AMENDED
COMPLAINT:
Defendants City and Anna Linn's Demurrers directed to Plaintiff's Third Amended Complaint and the causes of
action therein are sustained for failure to state facts sufficient to constitute a cause of action against these
Defendants, and for continued uncertainty / without further leave to amend. Defendants' Requests for Judicial
Notice are granted. Defendants' City and Anna Linn's Motions to Strike are granted In addition to the arguments
raised by Defendants, the Court notes that "tort damages are in any event unavailable for the procedural due
process violations." (Freeny v. City of San Buenaventura (2013) 216 Cal.App.4th 1333, 1346, citing Katzberg v.
Regents of Univ. of Calif.(2002) 29 Cal.4th 300, 321, 324, 127 Cal.Rptr.2d 482, 58 P.3d 339).
Defendants Hal Aaron and Jerry Heller's Demurrers to Plaintiff's Third Amended Complaint and the causes of
action therein are sustained for failure to state facts sufficient to constitute a cause of action against these
Defendants, and for continued uncertainty without further leave to amend]. Defendants' Aaron and Heller's
Motions to Strike are granted without further leave to amend.
As a point of clarification: with respect to the Demurrer by Defendant Jerry Heller to Plaintiff's previous Complaint
version, the Second Amended Complaint, the court had stated that the SAC alleged sufficient facts to support a
claim for intentional interference by Defendant Heller with existing contracts. After further consideration in light of
the Third Amended Complaint allegations and the Exhibits thereto, the court concludes that no such claim has
been stated.
With respect to the City Hall remodel, while the TAC continues to allege that Heller asked the previous City
Manager to let him take over the City Hall remodel, there are no allegations that this in fact occurred or that
Plaintiff was somehow harmed. The conclusory allegations of harm are insufficient.
Regarding the construction loan contract, the TAC continues to allege that Heller called Plaintiff in March 2019 and
told him that if Plaintiff did not sign a contract with Heller to do the concrete and framing on Plaintiff's new house
construction, Heller would call Hal Aaron and have Plaintiff's construction loan cancelled. However, there are
insufficient allegations that Heller engaged in wrongful conduct that resulted in the disruption of the construction
loan. In fact the TAC concedes that Hal Aaron paid Plaintiff a further installment under construction loan in April of
2019. The Exhibits attached to the TAC also show that Plaintiff defaulted on the construction loan and turned over
the property to Hal Aaron in September 2019. (E.g. Ex. 50) In other words, there is no allegation that the
construction loan was cancelled; rather, Plaintiff defaulted on the loan, which resulted in the property being
foreclosed.
In short, whether the claim is framed as Negligent Interference with Prospective Economic Relations or as
Intentional Interference with Contractual Relations, the pleading allegations, after additional consideration, are
insufficient to support either claim as to Defendant Jerry Heller.
Case management conference - Moot.
Case Dismissed Without Prejudice.
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MARTIN VS LINN BCV-19-102711
Counsel Mr. Sheffield to prepare order(s) for signature pursuant to CRC 3.1312. In the meantime, the clerk's
minutes will be the order of the court.
Counsel Kelly Fortin to prepare order(s) for signature pursuant to CR 3.1312. In the meantime, the clerks minutes
will be the order of the court.
Copy of clerk's minutes emailed to all parties as stated on the attached declaration.
Minute order notice.
MINUTES FINALIZED BY: LINDA HALL ON: DECEMBER 11, 2020
MINUTES
Page 3 of 5
MARTIN VS LINN BCV-19-102711
MARTIN VS LINN
BCV-19-102711
CERTIFICATE OF MAILING AND/OR EMAIL*******************
The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California,
in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in
the County of Kern, and not a party to the within action, that I served the Minutes dated December 11, 2020 attached
hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof,
enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following
standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached
mailing list.
Date of Mailing: December 11, 2020
Place of Mailing: Bakersfield, CA
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Tamarah Harber-Pickens
CLERK OF THE SUPERIOR COURT
Date: December 11, 2020
By:
Linda Hall, Deputy Clerk
Signed: 12/11/2020 02:40 PM
Certificate of Mailing
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MARTIN VS LINN
BCV-19-102711
MAILING LIST
LEONARD MARTIN KELLY A FORTIN
10151 REA AVENUE FORTIN LAW GROUP
CALIFORNIA CITY CA 93505 151 KALMUS DR STE B-170
Leonard Martin leonardmartin2012@gmail.com COSTA MESA CA 92626
Kelly Fortin k.fortin@fortinlawgroup.com
ANDREW K SHEFFIELD
LEBEAU THELEN LLP
5001 E COMMERCENTER DR #300
BAKERSFIELD CA 93309-1687
asheffield@lebeauthelen.com
Certificate of Mailing
Page 5 of 5
Preview
Superior Court of California County of Kern Bakersfield Department 17 Date: 12/11/2020 Time: 8:30 AM - 12:00 PM BCV-19-102711 MARTIN VS LINN Courtroom Staff Honorable: Thomas S. Clark Clerk: Linda K. Hall Court reporter: . None Bailiff: Deputy Sheriff Interpreter: Language of: PARTIES: Present: MARTIN, LEONARD Plaintiff Pro Per AARON, HAL Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present CITY OF CALIFORNIA CITY Defendant, Not FORTIN, KELLY A. Attorney, Present Present SHEFFIELD, ANDREW K Attorney, Present HELLER, JERRY Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present JOYCE, BOB H. Defendant, Not Present SHEFFIELD, ANDREW K Attorney, Present LINN, ANNA Defendant, Not Present FORTIN, KELLY A. Attorney, Present Not Present: CITY OF CALIFORNIA CITY Defendant Court Call NATURE OF PROCEEDINGS: DEMURRER Hearing Start Time: 8:32 AM The above entitled cause came on regularly on this date and time with parties and/or counsel appearing as reflected above. ***COURT INFORMS COUNSEL/PARTIES THAT THE COURT WILL NO LONGER HAVE A COURT REPORTER FOR LAW AND MOTION*** Matter argued and submitted. The Court makes the following findings and orders: (1) DEFENDANT CITY OF CALIFORNIA CITY'S DEMURRER TO THIRD AMENDED COMPLAINT; (2) DEFENDANT CITY OF CALIFORNIA CITY'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S THIRD AMENDED COMPLAINT; MINUTES Page 1 of 5 MARTIN VS LINN BCV-19-102711 (3) DEFENDANT ANNA LINN'S DEMURRER TO THIRD AMENDED COMPLAINT; (4) DEFENDANT ANNA LINN'S MOTION TO STRIKE PORTIONS OF PLAINTIFF'S THIRD AMENDED COMPLAINT; (5) DEFENDANTS HAL AARON AND JERRY HELLER'S DEMURRER TO THIRD AMENDED COMPLAINT; (6) DEFENDANTS HAL AARON AND JERRY HELLER'S MOTION TO STRIKE PORTIONS OF THIRD AMENDED COMPLAINT: Defendants City and Anna Linn's Demurrers directed to Plaintiff's Third Amended Complaint and the causes of action therein are sustained for failure to state facts sufficient to constitute a cause of action against these Defendants, and for continued uncertainty / without further leave to amend. Defendants' Requests for Judicial Notice are granted. Defendants' City and Anna Linn's Motions to Strike are granted In addition to the arguments raised by Defendants, the Court notes that "tort damages are in any event unavailable for the procedural due process violations." (Freeny v. City of San Buenaventura (2013) 216 Cal.App.4th 1333, 1346, citing Katzberg v. Regents of Univ. of Calif.(2002) 29 Cal.4th 300, 321, 324, 127 Cal.Rptr.2d 482, 58 P.3d 339). Defendants Hal Aaron and Jerry Heller's Demurrers to Plaintiff's Third Amended Complaint and the causes of action therein are sustained for failure to state facts sufficient to constitute a cause of action against these Defendants, and for continued uncertainty without further leave to amend]. Defendants' Aaron and Heller's Motions to Strike are granted without further leave to amend. As a point of clarification: with respect to the Demurrer by Defendant Jerry Heller to Plaintiff's previous Complaint version, the Second Amended Complaint, the court had stated that the SAC alleged sufficient facts to support a claim for intentional interference by Defendant Heller with existing contracts. After further consideration in light of the Third Amended Complaint allegations and the Exhibits thereto, the court concludes that no such claim has been stated. With respect to the City Hall remodel, while the TAC continues to allege that Heller asked the previous City Manager to let him take over the City Hall remodel, there are no allegations that this in fact occurred or that Plaintiff was somehow harmed. The conclusory allegations of harm are insufficient. Regarding the construction loan contract, the TAC continues to allege that Heller called Plaintiff in March 2019 and told him that if Plaintiff did not sign a contract with Heller to do the concrete and framing on Plaintiff's new house construction, Heller would call Hal Aaron and have Plaintiff's construction loan cancelled. However, there are insufficient allegations that Heller engaged in wrongful conduct that resulted in the disruption of the construction loan. In fact the TAC concedes that Hal Aaron paid Plaintiff a further installment under construction loan in April of 2019. The Exhibits attached to the TAC also show that Plaintiff defaulted on the construction loan and turned over the property to Hal Aaron in September 2019. (E.g. Ex. 50) In other words, there is no allegation that the construction loan was cancelled; rather, Plaintiff defaulted on the loan, which resulted in the property being foreclosed. In short, whether the claim is framed as Negligent Interference with Prospective Economic Relations or as Intentional Interference with Contractual Relations, the pleading allegations, after additional consideration, are insufficient to support either claim as to Defendant Jerry Heller. Case management conference - Moot. Case Dismissed Without Prejudice. MINUTES Page 2 of 5 MARTIN VS LINN BCV-19-102711 Counsel Mr. Sheffield to prepare order(s) for signature pursuant to CRC 3.1312. In the meantime, the clerk's minutes will be the order of the court. Counsel Kelly Fortin to prepare order(s) for signature pursuant to CR 3.1312. In the meantime, the clerks minutes will be the order of the court. Copy of clerk's minutes emailed to all parties as stated on the attached declaration. Minute order notice. MINUTES FINALIZED BY: LINDA HALL ON: DECEMBER 11, 2020 MINUTES Page 3 of 5 MARTIN VS LINN BCV-19-102711 MARTIN VS LINN BCV-19-102711 CERTIFICATE OF MAILING AND/OR EMAIL******************* The undersigned, of said Kern County, certify: That I am a Deputy Clerk of the Superior Court of the State of California, in and for the County of Kern, that I am a citizen of the United States, over 18 years of age, I reside in or am employed in the County of Kern, and not a party to the within action, that I served the Minutes dated December 11, 2020 attached hereto on all interested parties and any respective counsel of record in the within action by depositing true copies thereof, enclosed in a sealed envelope(s) with postage fully prepaid and placed for collection and mailing on this date, following standard Court practices, in the United States mail at Bakersfield California addressed as indicated on the attached mailing list. Date of Mailing: December 11, 2020 Place of Mailing: Bakersfield, CA I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Tamarah Harber-Pickens CLERK OF THE SUPERIOR COURT Date: December 11, 2020 By: Linda Hall, Deputy Clerk Signed: 12/11/2020 02:40 PM Certificate of Mailing Page 4 of 5 MARTIN VS LINN BCV-19-102711 MAILING LIST LEONARD MARTIN KELLY A FORTIN 10151 REA AVENUE FORTIN LAW GROUP CALIFORNIA CITY CA 93505 151 KALMUS DR STE B-170 Leonard Martin leonardmartin2012@gmail.com COSTA MESA CA 92626 Kelly Fortin k.fortin@fortinlawgroup.com ANDREW K SHEFFIELD LEBEAU THELEN LLP 5001 E COMMERCENTER DR #300 BAKERSFIELD CA 93309-1687 asheffield@lebeauthelen.com Certificate of Mailing Page 5 of 5