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1 FREEMAN MATHIS & GARY, LLP
ROBERT A. CUTBIRTH (131279)
2 rcutbirth@fmglaw.com
MICHELE C. KIRRANE (215448)
3 mkirrane@fmglaw.com
44 Montgomery Street, Suite 3580 2/17/2021
4 San Francisco, California 94104-6702
(415) 627-9000; FAX: (213) 615-7100
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FREEMAN MATHIS & GARY, LLP
6 GREGORY T. FAYARD (212930)
gfayard@fmglaw.com
7 ADAM G. KHAN (296617)
akhan@fmglaw.com
8 1013 Galleria Boulevard, Suite 250
Roseville, California 95678-1363
9 (916) 472-3300; FAX (916) 462-9226
10 Attorneys for Defendant
CHICO COMMUNITY GUILDS
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF BUTTE – UNLIMITED JURISDICTION
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CALIFORNIA STATE GRANGE, a California Case No. 20CV00152
17 nonprofit corporation,
Assigned for all purposes to:
18 Plaintiff, Honorable Stephen E. Benson
v.
19 DEFENDANT CHICO COMMUNITY
CHICO COMMUNITY GUILDS, an entity of GUILDS’ NOTICE OF MOTION AND
20 unknown form, and DOES 1-20, inclusive, MOTION FOR SUMMARY
JUDGMENT OR, IN THE
21 Defendants. ALTERNATIVE, SUMMARY
ADJUDICATION
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Date: May 5, 2021
23 Time: 9:00 a.m.
Dept.: 6
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Complaint Filed: January 16, 2020
25 Trial Date: None set
26 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
27 NOTICE IS HEREBY GIVEN THAT on May 5, 2021 at 9:00 a.m. or as soon thereafter as
Freeman Mathis
& Gary, LLP
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Attorneys at Law the matter can be heard, in Department 6 of the above-entitled Court, located at 1775 Concord
DEFENDANT’S NOTICE OF MOTION AND MOTION ISO MSJ/MSA
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1 Avenue, Chico, California, Defendant Chico Community Guilds, will move this Court for an order
2 granting summary judgment or, in the alternative, summary adjudication.
3 This Motion is made pursuant to Code of Civil Procedure Section 437c on the grounds that
4 there are no triable issues of material facts, and that Chico Community Guilds (“CCG”) is entitled to
5 summary judgment, or alternatively, summary adjudication as a matter of law based on the following
6 issues:
7 ISSUE 1: THE ADVERSE POSSESSION DOCTRINE REQUIRES SUMMARY
JUDGMENT BE ENTERED ON PLAINTIFF’S REAL PROPERTY CAUSES
8 OF ACTION (All Causes of Action Except Conversion and Claim and Delivery).
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ISSUE 2: PLAINTIFF’S CAUSES OF ACTION ARE BARRED DUE TO PLAINTIFF’S
10 NEAR SEVEN-YEAR DELAY IN FILING SUIT (All Causes of Action).
11 ISSUE 3: NO FACTUAL OR LEGAL BASIS FOR THIS FORFEITURE ACTION
EXISTS; IMPOSING FORFEITURE WOULD BE CONTRARY TO
12 CALIFORNIA LAW (All Causes of Action).
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ISSUE 4: PLAINTIFF HAS SUED THE WRONG PARTY GIVEN ITS
14 INTERPRETATION OF ITS RULES, ENTITLING DEFENDANT TO
SUMMARY JUDGMENT (All Causes of Action).
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ISSUE 5: SUMMARY JUDGMENT IS APPROPRIATE BECAUSE PLAINTIFF’S
16 ATTEMPT TO RELY ONLY ON ITS VERIFIED COMPLAINT, WITH NO
17 OTHER PROVIDED FACTS, IS LEGALLY DEFICIENT AS A MATTER OF
LAW (All Causes of Action).
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ISSUE 6: SUMMARY ADJUDICATION SHOULD ISSUE BECAUSE PLAINTIFF HAS
19 NOT PROFFERED EVIDENCE TO SUPPORT AN AWARD OF PUNITIVE
DAMAGES (Slander of Title and Conversion Causes of Action).
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21 This Motion is based upon this Notice, the Memorandum of Points and Authorities in support
22 thereof, the Separate Statement of Undisputed Material Facts, the Declaration of Gregory T. Fayard
23 and all exhibits thereto, the Declaration of Peter Allison and all exhibits thereto, and upon such oral
24 argument or additional evidence as may be presented at the hearing on the motion.
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Freeman Mathis
& Gary, LLP
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Attorneys at Law ///
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DEFENDANT’S NOTICE OF MOTION AND MOTION ISO MSJ/MSA
1 The Court follows the tentative ruling procedure set forth in CRC § 3.1308(a)(1): tentative
2 rulings on law and motion matters will be available on the Court’s website at www.buttecourt.ca.gov
3 and by telephone at (530) 532-7022 by 3:00 p.m. on the court day preceding the hearing.
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Dated: February 17, 2021 FREEMAN MATHIS & GARY, LLP
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By:
7 ROBERT A. CUTBIRTH
MICHELE C. KIRRANE
8 GREGORY T. FAYARD
ADAM G. KHAN
9 Attorneys for Defendant
CHICO COMMUNITY GUILDS
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Freeman Mathis
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Attorneys at Law
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DEFENDANT’S NOTICE OF MOTION AND MOTION ISO MSJ/MSA
1 PROOF OF SERVICE
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3 I am employed in the County of Placer, State of California. I am over the age of 18 and not
a party to the within action. My business address is 1013 Galleria Boulevard, Suite 250, Roseville,
4 California 95678-1363. My electronic service address is: sandrade@fmglaw.com
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On February 17, 2021, I served the within document(s) described as:
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DEFENDANT CHICO COMMUNITY GUILDS’ NOTICE OF MOTION AND
7 MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY
ADJUDICATION
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on the interested parties in this action as stated below:
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Martin N. Jensen, Esq.
11 Joceline M. Herman, Esq.
PORTER SCOTT
12 350 University Avenue, Suite 200
Sacramento, CA 95825
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E-Mail: mjensen@porterscott.com
14 E-Mail: jherman@porterscott.com
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X (BY E-MAIL) By transmitting a true copy of the foregoing document(s) to the e-mail
16 addresses set forth above which are being served by electronic means pursuant to California
Rules of Court, Rule 2.251 and CCP 1010.6.
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I declare under penalty of perjury under the laws of the State of California that the
19 foregoing is true and correct.
20 Executed on February 17, 2021, at Roseville, California.
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SANDRA ANDRADE
22 (Type or print name) (Signature)
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Freeman Mathis
& Gary, LLP
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Attorneys at Law
PROOF OF SERVICE
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