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1 William C. Last, Jr. (083588)
Patrick J. Whitehorn (225927)
2 LAST&FAORO
3 177 Bovet Road, Suite 550
San Mateo, California 94402
4 Telephone: (650) 696-8350
Facsimile: (650) 696-8365
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Attorneys for Plaintiff Syar Concrete, LLC.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR NAPA COUNTY SUPERIOR COURT
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UNLIMITED WRISDICTION
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11 SYAR CONCRETE, LLC, a limited liability CASE NO. 21CV000406
company
12 SYAR CONCRETE, LLC'S NOTICE OF
Plaintiff, MOTION AND MOTION FOR
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vs. SUMMARY JUDGMENT OR IN THE
14 ALTERNATIVE SUMMARY
RLM CONSTRUCTION SERVICES, INC., a ADJUDICATION
15 corporation; MICHAEL REYES, also known
as MIKEL. REYES; ATLANTIC Date: April 8, 2022
16 SPECIALTY INSURANCE COMPANY, a Time: 8:30 am
New York Corporation; and DOES 1 through Dept. A
17 Judge: Hon. Cynthia Smith
30, inclusive,
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Defendants. Trial Date: May 12, 2022
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20 And Related Cross-Complaint
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NOTICE IS GIVEN that on April 8, 2022, at 8:30 a.m., or as soon as the matter may be
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heard in Department A of this Court, located at: 825 Brown Street, Napa, California, 94559,
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Plaintiff Syar Concrete, LLC will move this Court as follows:
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A. For summary judgment under Code of Civil Procedure section 437c in favor of Plaintiff
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Syar Concrete, LLC and against Defendant Atlantic Specialty Insurance Company, and
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Defendants RLM Construction Services, Inc. and Defendant Michael Reyes.
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SY AR CONCRETE LLC'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION
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1 B. Alternatively, for summary adjudication in favor of Plaintiff and against Defendants
2 adjudicating:
3 a) That Defendant Atlantic Specialty Insurance is liable to Plaintiff on the
4 Recovery on Stop Payment Release Bond, and Recovery on Mechanic's Lien
5 Release Bond Causes of Action;
6 b) That Defendants RLM Construction Services, Inc. and Michael Reyes are liable
7 to Plaintiff on the Breach of Contract, Breach of Personal Guarantee, Quantum
8 Meruit, Common Counts, and Prompt Payment Causes of action.
9 Plaintiff seeks an order that the final judgment in this action shall, in addition to any
10 matters determined at trial, award judgment as established by such adjudication.
11 The Motion for Summary Judgment is made under Cal. Civ. Proc. Code§ 473c, on the
12 grounds that there is no defense to the action, there are no triable issues as to any material fact,
13 and that Plaintiff is entitled to a Motion for Summary Judgment, or Summary Adjudication in
14 the alternative, as a matter oflaw.
15 This Motion for Summary Judgment, or Summary Adjudication in the alternative, will
16 be based on this Notice of Motion, the Separate Statement of Undisputed Material Facts, the
17 Declaration of Patrick J. Whitehorn, Declaration of Molly Malone Randall, the Memorandum
18 of Points and Authorities, the papers and records on file with the Court, and on such other and
19 further argument and evidence as may be presented at the hearing on this motion.
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DATED: January 18, 2022 LAST&FAORO
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22
23 ' .
ehorn
24 for Plaintiff Syar Concrete, LLC
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SYAR CONCRETE, LI.C' S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN TIIE ALTERNATIVE SUMMARY ADJUDICATION
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1 PROOF OF SERVICE
2 I, the undersigned, declare that I am employed in the City and County of San Mateo
3 California. I am over the age of eighteen years and not a party to the within action. My business address
4 is 177 Bovet Road, Suite 550, San Mateo, California 94402.
On the indicated below, I served the within document(s), entitled:
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SYAR CONCRETE, LLC'S NOTICE OF MOTION AND MOTION FOR SUMMARY
6 JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION
7 on each party(ies) addressed as follows:
8 Steven E. Boehmer
Matthew A. Thurmer
9 McDougal Love Boehmer, et al.
8100 La Mesa Blvd., Ste 200
10 La Mesa, CA 91942
Fax: 619-440-4907
11 Email: sboehmer@mcdougallove. com
Email: mthurmer@mcdougallove. com
12 Attorneys for RLM Construction Services, Inc.;
Michael Reyes, aka Mike L. Reyes
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Timothy C. Earl
14 Shailendra U. Kulkarni
Sullivan Hill Rez & Engel
15 600 B Street, 17th Floor
San Diego, CA 92101
16 Fax: 619-231-4372
Email: earl@sullivanhill.com
17 Email: ku1kami@sullivanhill.com
Attorneys for Third Street Napa Development, LLC
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19 [X] ELECTRONIC SERVICE VIA CA ODYSSEY: I caused the above-entitled document(s) to
be filed and served through e-service CA Odyssey to the emails listed above. The service
20 transmission was reported as complete and a copy of the CA Odyssey Filing Receipt
Page/Confirmation will be filed, deposited, or maintained with the original document(s) in
21 this office.
22 [X] BY OVERNIGHT DELIVERY: by delivering each document to an authorized courier
authorized by the express service carrier to receive documents in an envelope designated by
23 the express service carrier with delivery fees prepaid or provided for and addressed as above-
shown.
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I declare under penalty of perjury under the laws of the State of California that the foregoing
25 is true and correct.
26 Executed on January 18, 2022.
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Proof of Service
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1 William C. Last, Jr. (083588) Patrick J. Whitehorn (225927) 2 LAST&FAORO 3 177 Bovet Road, Suite 550 San Mateo, California 94402 4 Telephone: (650) 696-8350 Facsimile: (650) 696-8365 5 Attorneys for Plaintiff Syar Concrete, LLC. 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR NAPA COUNTY SUPERIOR COURT 9 UNLIMITED WRISDICTION 10 11 SYAR CONCRETE, LLC, a limited liability CASE NO. 21CV000406 company 12 SYAR CONCRETE, LLC'S NOTICE OF Plaintiff, MOTION AND MOTION FOR 13 vs. SUMMARY JUDGMENT OR IN THE 14 ALTERNATIVE SUMMARY RLM CONSTRUCTION SERVICES, INC., a ADJUDICATION 15 corporation; MICHAEL REYES, also known as MIKEL. REYES; ATLANTIC Date: April 8, 2022 16 SPECIALTY INSURANCE COMPANY, a Time: 8:30 am New York Corporation; and DOES 1 through Dept. A 17 Judge: Hon. Cynthia Smith 30, inclusive, 18 Defendants. Trial Date: May 12, 2022 19 20 And Related Cross-Complaint 21 NOTICE IS GIVEN that on April 8, 2022, at 8:30 a.m., or as soon as the matter may be 22 heard in Department A of this Court, located at: 825 Brown Street, Napa, California, 94559, 23 Plaintiff Syar Concrete, LLC will move this Court as follows: 24 A. For summary judgment under Code of Civil Procedure section 437c in favor of Plaintiff 25 Syar Concrete, LLC and against Defendant Atlantic Specialty Insurance Company, and 26 Defendants RLM Construction Services, Inc. and Defendant Michael Reyes. 27 28 SY AR CONCRETE LLC'S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION -1- 1 B. Alternatively, for summary adjudication in favor of Plaintiff and against Defendants 2 adjudicating: 3 a) That Defendant Atlantic Specialty Insurance is liable to Plaintiff on the 4 Recovery on Stop Payment Release Bond, and Recovery on Mechanic's Lien 5 Release Bond Causes of Action; 6 b) That Defendants RLM Construction Services, Inc. and Michael Reyes are liable 7 to Plaintiff on the Breach of Contract, Breach of Personal Guarantee, Quantum 8 Meruit, Common Counts, and Prompt Payment Causes of action. 9 Plaintiff seeks an order that the final judgment in this action shall, in addition to any 10 matters determined at trial, award judgment as established by such adjudication. 11 The Motion for Summary Judgment is made under Cal. Civ. Proc. Code§ 473c, on the 12 grounds that there is no defense to the action, there are no triable issues as to any material fact, 13 and that Plaintiff is entitled to a Motion for Summary Judgment, or Summary Adjudication in 14 the alternative, as a matter oflaw. 15 This Motion for Summary Judgment, or Summary Adjudication in the alternative, will 16 be based on this Notice of Motion, the Separate Statement of Undisputed Material Facts, the 17 Declaration of Patrick J. Whitehorn, Declaration of Molly Malone Randall, the Memorandum 18 of Points and Authorities, the papers and records on file with the Court, and on such other and 19 further argument and evidence as may be presented at the hearing on this motion. 20 DATED: January 18, 2022 LAST&FAORO 21 22 23 ' . ehorn 24 for Plaintiff Syar Concrete, LLC 25 26 27 28 SYAR CONCRETE, LI.C' S NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT OR IN TIIE ALTERNATIVE SUMMARY ADJUDICATION -2- 1 PROOF OF SERVICE 2 I, the undersigned, declare that I am employed in the City and County of San Mateo 3 California. I am over the age of eighteen years and not a party to the within action. My business address 4 is 177 Bovet Road, Suite 550, San Mateo, California 94402. On the indicated below, I served the within document(s), entitled: 5 SYAR CONCRETE, LLC'S NOTICE OF MOTION AND MOTION FOR SUMMARY 6 JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION 7 on each party(ies) addressed as follows: 8 Steven E. Boehmer Matthew A. Thurmer 9 McDougal Love Boehmer, et al. 8100 La Mesa Blvd., Ste 200 10 La Mesa, CA 91942 Fax: 619-440-4907 11 Email: sboehmer@mcdougallove. com Email: mthurmer@mcdougallove. com 12 Attorneys for RLM Construction Services, Inc.; Michael Reyes, aka Mike L. Reyes 13 Timothy C. Earl 14 Shailendra U. Kulkarni Sullivan Hill Rez & Engel 15 600 B Street, 17th Floor San Diego, CA 92101 16 Fax: 619-231-4372 Email: earl@sullivanhill.com 17 Email: ku1kami@sullivanhill.com Attorneys for Third Street Napa Development, LLC 18 19 [X] ELECTRONIC SERVICE VIA CA ODYSSEY: I caused the above-entitled document(s) to be filed and served through e-service CA Odyssey to the emails listed above. The service 20 transmission was reported as complete and a copy of the CA Odyssey Filing Receipt Page/Confirmation will be filed, deposited, or maintained with the original document(s) in 21 this office. 22 [X] BY OVERNIGHT DELIVERY: by delivering each document to an authorized courier authorized by the express service carrier to receive documents in an envelope designated by 23 the express service carrier with delivery fees prepaid or provided for and addressed as above- shown. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing 25 is true and correct. 26 Executed on January 18, 2022. 27 28 Proof of Service