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  • California State Grange, a California Nonprofit Corporation vs Chico Community Guilds, an Entity of Unknown Form(26) Unlimited Other Real Property document preview
  • California State Grange, a California Nonprofit Corporation vs Chico Community Guilds, an Entity of Unknown Form(26) Unlimited Other Real Property document preview
  • California State Grange, a California Nonprofit Corporation vs Chico Community Guilds, an Entity of Unknown Form(26) Unlimited Other Real Property document preview
  • California State Grange, a California Nonprofit Corporation vs Chico Community Guilds, an Entity of Unknown Form(26) Unlimited Other Real Property document preview
  • California State Grange, a California Nonprofit Corporation vs Chico Community Guilds, an Entity of Unknown Form(26) Unlimited Other Real Property document preview
  • California State Grange, a California Nonprofit Corporation vs Chico Community Guilds, an Entity of Unknown Form(26) Unlimited Other Real Property document preview
  • California State Grange, a California Nonprofit Corporation vs Chico Community Guilds, an Entity of Unknown Form(26) Unlimited Other Real Property document preview
  • California State Grange, a California Nonprofit Corporation vs Chico Community Guilds, an Entity of Unknown Form(26) Unlimited Other Real Property document preview
						
                                

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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 5 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 11 12 13 SUPERIOR COURT OF THE STATE OF CALIFORNIA 14 COUNTY OF BUTTE – UNLIMITED JURISDICTION 15 16 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 22 Date: May 5, 2021 23 Time: 9:00 a.m. Dept.: 6 24 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 28 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 0.0 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). 9 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). 13 ISSUE 4: PLAINTIFF HAS SUED THE WRONG PARTY GIVEN ITS 14 INTERPRETATION OF ITS RULES, ENTITLING DEFENDANT TO SUMMARY JUDGMENT (All Causes of Action). 15 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). 18 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). 20 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. 25 /// 26 /// 27 /// Freeman Mathis & Gary, LLP 28 Attorneys at Law /// -2- 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. 4 Dated: February 17, 2021 FREEMAN MATHIS & GARY, LLP 5 6 By: 7 ROBERT A. CUTBIRTH MICHELE C. KIRRANE 8 GREGORY T. FAYARD ADAM G. KHAN 9 Attorneys for Defendant CHICO COMMUNITY GUILDS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Freeman Mathis & Gary, LLP 28 Attorneys at Law -3- DEFENDANT’S NOTICE OF MOTION AND MOTION ISO MSJ/MSA 1 PROOF OF SERVICE 2 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 5 On February 17, 2021, I served the within document(s) described as: 6 DEFENDANT CHICO COMMUNITY GUILDS’ NOTICE OF MOTION AND 7 MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 8 9 on the interested parties in this action as stated below: 10 Martin N. Jensen, Esq. 11 Joceline M. Herman, Esq. PORTER SCOTT 12 350 University Avenue, Suite 200 Sacramento, CA 95825 13 E-Mail: mjensen@porterscott.com 14 E-Mail: jherman@porterscott.com 15 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. 17 18 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. 21 SANDRA ANDRADE 22 (Type or print name) (Signature) 23 24 25 26 27 Freeman Mathis & Gary, LLP 28 Attorneys at Law PROOF OF SERVICE 0.0