On May 19, 2020 a
Order
was filed
involving a dispute between
Greg Humpherys Farm &Amp; Equipment, Inc,
Greg Humpherys Farm & Equipment, Inc,
and
Burton, Rodney W.,
Clearview Investments, Ltd,
Mineral Resources, Llc,
Mrigp, Llc,
Mrllc Investors, L P,
Mrllc Investors, Ltd,
Pettigrew, Charles G,
Van Veldhuizen, Chris,
for (06) Unlimited Breach of Contract/Warranty
in the District Court of Butte County.
Preview
1 DAVrD R. GRTFFTTH, ESQ. (SBN 170172)
GRIFFITH HORN & SHEEHAN, LLP
2 1530 Humboldt Road, Suite 3
Chico, California 9 5928
J Telephone: (530) I 12-1000 8/2/2021
Facsimile: (530) 809-1093
4 Email : david@davidgrifñthlaw.com
5 Attorney for Plaintiff,
GREG HUMPHERYS FARM & EQUIPMENT, INC
6
7
8 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF BUTTE
10 GREG HUMPHERYS FARM ) Case No.: 20CV01041
& EQUIPMENT, INC., )
l1 ) NOTICE OF MOTION AND MOTION FOR
Plaintiff, ) RELIEF FROM JUDGMENT AND ORDER
I2 ) GRANTING SUMMARY JUDGMENT
V )
13 ) Hearing Date: August 18,2021
MINERAL RESOURCES, LLC; ) Time: 9:00 A.M.
t4 MRLLC INVESTORS, L.P.; ) Dept.: 1
MRIGP, LLC; ) Judge: Hon. Tamara L. Mosbarger
15 CHzuS VAN VELDHUIZEN; )
RODNEY W. BURTON; ) Action Filed May 19,2020
l6 CHARLES G. PETTIGREW; ) Trial Date: August 30,2021
and DOES 1 through 20, )
l7 )
Defendants.
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19 PLEASE TAKE NOTICE that on August 18,2021, at 9:00 4.M., or as soon thereafter as this
20 matter may be heard in Department I ofthe above-entitled Court, located at 1775 Concord Avenue, Chico,
2l California 95928, Plaintiff GREG HUMPHERYS FARM & EQUIPMENT, INC., will and hereby does
22 move for an order of this Court pursuant to Cal. Civ. Proc. Code $473(b) for an order granting it relief
23 from the Judgment entered herein on June 10, 202I, and the Order Granting Motion for Summary
24 Judgments entered herein on May 26,2021, due to mistake, inadvertence, and neglect of counsel.
25 This Motion is based upon this Notice, the accompanying Memorandum of Points and Authorities,
26 the Declaration of Jameson E.P. Sheehan, Esq., the documents and pleadings on file with this Court, and
27 on any other matters that may be received and considered by the Court at the hearing on this matter.
28
Notice of Motion and Motion for Relief from Judgment and Order Granting Summary Judgment 1
1 Respectfully Submitted
2 GRIFFITH HORN & SHEEHAN, LLP.
J DATED: August'L ,2021 By:
DAVID R.
4 Attorney for Plaintiff
GREG HUMPHERYS FARM &
5 EQUIPMENT,INC.
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Notice of Motion and Motion for Relief from Judgment and Order Granting Summary Judgment 7
PROOF OF SERVICE
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I, the below signed, declare:
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I am employed in the County of Butte, State of California, I am over 18 years of age and am not
a
J apafiy to the within action; my business address is 1530 Humboldt Road, Suite 3, Chico, California
95928. On this date, I served the foregoing document described as:
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NOTICE OF MOTION AND MOTION FOR RELIEF FROM JUDGMENT AND ORDER
5 GRANTING SUMMARY JUDGMENT
6 Said document was served on the interested party or parties in this action by placing a true copy
of the original document, enclosed in a sealed envelope, and addressed as noted below.
7
Thomas M. Swett, Esq.
I James D. Wiggine, Esq.
Burton & Swett, P.C.
9 47 l|y4ain Street
Sutter Creek, CA 95685
l0 Telephone: (209) 267 -8301
E-mail : tom@burtonswett.com
11 iim@burtonswett.com
lCounsel for Defendantsl
I2
I am familiar with our frrm's practice of collection and processing correspondence for mailing.
l3 Under that practice it would be deposited with the U.S. Postal Service on that same day with postage
thereon fully prepaid at Chico, California in the ordinary course of business. I am aware that on motion
l4 of the party served, service is presumed invalid if the postal cancellation date or postage meter date is
more than one working day after the date of deposit for mailing in this declaration.
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X (By Electronic Mail) Such document was delivered by electronic mail to the person(s) at the
t6 address(es) set forth above, pursuant to Cal. Civ. Proc. Code $1010.6(e).
t7 I declare under penalty of perjury under the laws of the State of California that the above is true
and correct. I further declare that I made the service set forth herein on the date set forth below.
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Executed on August 7 ZOZt,at Chico, California.
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Notice of Motion and Motion for Relief from Judgment and Order Granting Summary Judgment 3
Preview
1 DAVrD R. GRTFFTTH, ESQ. (SBN 170172) GRIFFITH HORN & SHEEHAN, LLP 2 1530 Humboldt Road, Suite 3 Chico, California 9 5928 J Telephone: (530) I 12-1000 8/2/2021 Facsimile: (530) 809-1093 4 Email : david@davidgrifñthlaw.com 5 Attorney for Plaintiff, GREG HUMPHERYS FARM & EQUIPMENT, INC 6 7 8 THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF BUTTE 10 GREG HUMPHERYS FARM ) Case No.: 20CV01041 & EQUIPMENT, INC., ) l1 ) NOTICE OF MOTION AND MOTION FOR Plaintiff, ) RELIEF FROM JUDGMENT AND ORDER I2 ) GRANTING SUMMARY JUDGMENT V ) 13 ) Hearing Date: August 18,2021 MINERAL RESOURCES, LLC; ) Time: 9:00 A.M. t4 MRLLC INVESTORS, L.P.; ) Dept.: 1 MRIGP, LLC; ) Judge: Hon. Tamara L. Mosbarger 15 CHzuS VAN VELDHUIZEN; ) RODNEY W. BURTON; ) Action Filed May 19,2020 l6 CHARLES G. PETTIGREW; ) Trial Date: August 30,2021 and DOES 1 through 20, ) l7 ) Defendants. 18 19 PLEASE TAKE NOTICE that on August 18,2021, at 9:00 4.M., or as soon thereafter as this 20 matter may be heard in Department I ofthe above-entitled Court, located at 1775 Concord Avenue, Chico, 2l California 95928, Plaintiff GREG HUMPHERYS FARM & EQUIPMENT, INC., will and hereby does 22 move for an order of this Court pursuant to Cal. Civ. Proc. Code $473(b) for an order granting it relief 23 from the Judgment entered herein on June 10, 202I, and the Order Granting Motion for Summary 24 Judgments entered herein on May 26,2021, due to mistake, inadvertence, and neglect of counsel. 25 This Motion is based upon this Notice, the accompanying Memorandum of Points and Authorities, 26 the Declaration of Jameson E.P. Sheehan, Esq., the documents and pleadings on file with this Court, and 27 on any other matters that may be received and considered by the Court at the hearing on this matter. 28 Notice of Motion and Motion for Relief from Judgment and Order Granting Summary Judgment 1 1 Respectfully Submitted 2 GRIFFITH HORN & SHEEHAN, LLP. J DATED: August'L ,2021 By: DAVID R. 4 Attorney for Plaintiff GREG HUMPHERYS FARM & 5 EQUIPMENT,INC. 6 7 8 9 10 11 12 t3 T4 15 T6 t7 18 t9 20 2t 22 23 24 25 26 27 28 Notice of Motion and Motion for Relief from Judgment and Order Granting Summary Judgment 7 PROOF OF SERVICE 1 I, the below signed, declare: 2 I am employed in the County of Butte, State of California, I am over 18 years of age and am not a J apafiy to the within action; my business address is 1530 Humboldt Road, Suite 3, Chico, California 95928. On this date, I served the foregoing document described as: 4 NOTICE OF MOTION AND MOTION FOR RELIEF FROM JUDGMENT AND ORDER 5 GRANTING SUMMARY JUDGMENT 6 Said document was served on the interested party or parties in this action by placing a true copy of the original document, enclosed in a sealed envelope, and addressed as noted below. 7 Thomas M. Swett, Esq. I James D. Wiggine, Esq. Burton & Swett, P.C. 9 47 l|y4ain Street Sutter Creek, CA 95685 l0 Telephone: (209) 267 -8301 E-mail : tom@burtonswett.com 11 iim@burtonswett.com lCounsel for Defendantsl I2 I am familiar with our frrm's practice of collection and processing correspondence for mailing. l3 Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Chico, California in the ordinary course of business. I am aware that on motion l4 of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one working day after the date of deposit for mailing in this declaration. 15 X (By Electronic Mail) Such document was delivered by electronic mail to the person(s) at the t6 address(es) set forth above, pursuant to Cal. Civ. Proc. Code $1010.6(e). t7 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. I further declare that I made the service set forth herein on the date set forth below. 18 Executed on August 7 ZOZt,at Chico, California. I9 20 By: 2I 22 23 24 25 26 27 28 Notice of Motion and Motion for Relief from Judgment and Order Granting Summary Judgment 3