Sinclair et al v. Fox Hollow, et al

Filing 640

ORDER GRANTING the CEMG/FOX Hollow Parties' 478 Motion For Partial Summary Judgment Re Cross-Complaint Claims Arising Out of Cross-Defendants' Alleged Conduct During and After Trial of the State Court Sction, signed by Judge Oliver W. Wan ger on 6/24/2011. (The CEMG/Fox Hollow Parties' Motion for Partial Summary Judgment Re Cross-Complaint Claims Arising Out of Cross-Defendants' Alleged Conduct During and After Trial of the State Court Action is GRANTED; and The claims of Defendants and Cross-Complainants RICHARD SINCLAIR, BRANDON SINCLAIR, and GREGORY MAUCHLEY against the CEMG/Fox Hollow Parties arising out of any ownership interest in Lot 1 at Fox Hollow during and after trial of the state court action are dismissed.) (Gaumnitz, R)

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1 2 3 4 5 D. Greg Durbin, # 81749 John M. Dunn, # 166482 Daniel S. Cho, # 260902 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: (559) 433-1300 Facsimile: (559) 433-2300 (SPACE BELOW FOR FILING STAMP ONLY) 6 7 8 Attorneys Plaintiffs, Defendants and Cross-Defendants FOX HOLLOW OF TURLOCK OWNERS ASSOCIATION and CALIFORNIA EQUITY MANAGEMENT GROUP, INC. and Defendant and Cross-Defendant ANDREW KATAKIS 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 14 FOX HOLLOW OF TURLOCK OWNERS' ASSOCIATION, a California Nonprofit Mutual Benefit Corporation; et. al., 15 Case No. 1:03-CV-05439-OWW-DLB (Consolidated with 1:03-CV-5774 OWW SMS and Stanislaus County Superior Court Case No. 322675) Plaintiffs, 16 v. 17 MAUCTRST LLC; et. al., 18 Defendants. 19 ORDER GRANTING THE CEMG/FOX HOLLOW PARTIES' MOTION FOR PARTIAL SUMMARY JUDGMENT RE CROSS-COMPLAINT CLAIMS ARISING OUT OF CROSS-DEFENDANTS' ALLEGED CONDUCT DURING AND AFTER TRIAL OF THE STATE COURT ACTION 20 21 AND CONSOLIDATED ACTIONS 22 23 The Motion of Plaintiffs, Defendants, and Cross-Defendants FOX HOLLOW OF 24 TURLOCK OWNERS ASSOCIATION and CALIFORNIA EQUITY MANAGEMENT 25 GROUP, INC., and Defendant and Cross-Defendant ANDREW KATAKIS (collectively, the 26 “CEMG/Fox Hollow Parties”) for Partial Summary Judgment Re Cross-Complaint Claims 27 Arising Out of Cross-Defendants' Alleged Conduct During and After Trial of the State Court 28 Action [Docket # 478] having regularly come on for hearing on May 2, 2011, with D. Greg 12444/00001-1751245.v1 MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP 5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501 ORDER GRANTING THE CEMG/FOX HOLLOW PARTIES' MOTION FOR PARTIAL SUMMARY JUDGMENT RE: CROSS-COMPLAINT PDF created with pdfFactory trial version www.pdffactory.com 1 Durbin appearing personally on behalf of the CEMG/Fox Hollow Parties and Richard C. Sinclair 2 appearing telephonically; the Cross-Complaint filed by Defendants and Cross-Complainants 3 RICHARD SINCLAIR, BRANDON SINCLAIR, and GREGORY MAUCHLEY on August 10, 4 2010 (the “Cross-Complaint [Docket # 425]) having been stayed the by order filed herein on 5 February 2, 2011, except for claims arising out of “(i) Plaintiffs’ alleged breach of the 2007 6 settlement agreement, and (ii) Plaintiffs’ alleged conduct during and after trial of the state court 7 action” [Docket # 476]; the claims arising out of the purported 2007 settlement agreement having 8 been stayed by the Court on April 29, 2011 [Docket #s 563 and 576]; the present motion directed 9 to the remaining unstayed claims arising out of the CEMG/Fox Hollow Parties’ conduct during 10 and after trial of the state court action alleged in the Cross-Complaint, having been argued and 11 submitted; the Court having issued and served its Memorandum of Decision on June 13, 2011 12 [Docket # 626], granting such Motion for Partial Summary Judgment; and the Court finding that 13 none of the Defendants and Cross-Complainants RICHARD SINCLAIR, BRANDON 14 SINCLAIR, and GREGORY MAUCHLEY were owners of Lot 1 of Fox Hollow during and after 15 trial of the state court action, and therefore, they each lack standing to sue for claims arising out 16 of any ownership interest in Lot 1 during and after trial of the state court action: 17 NOW, THEREFORE, IT IS HEREBY ORDERED that: 18 1. The CEMG/Fox Hollow Parties' Motion for Partial Summary Judgment Re Cross- 19 Complaint Claims Arising Out of Cross-Defendants' Alleged Conduct During and After Trial of 20 the State Court Action is GRANTED; and 21 2. The claims of Defendants and Cross-Complainants RICHARD SINCLAIR, 22 BRANDON SINCLAIR, and GREGORY MAUCHLEY against the CEMG/Fox Hollow Parties 23 arising out of any ownership interest in Lot 1 at Fox Hollow during and after trial of the state 24 court action are dismissed. 25 26 /s/ OLIVER W. WANGER UNITED STATES DISTRICT COURT JUDGE 12444/00001-1751245.v1 27 Dated: June 24, 2011 2 28 MCCORMICK, BARSTOW , SHEPPARD, W AYTE & CARRUTH LLP 5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501 ORDER GRANTING THE CEMG/FOX HOLLOW PARTIES' MOTION FOR PARTIAL SUMMARY JUDGMENT RE: CROSS-COMPLAINT PDF created with pdfFactory trial version www.pdffactory.com

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